What family members qualify for FMLA leave?

Covered family members under the Family and Medical Leave Act (FMLA) are the employee’s spouse, son, daughter or parent as defined in the FMLA regulations. Under the FMLA, a “spouse” means a husband or wife, including those in same-sex marriages, which were made legal in all 50 United States as of June 26, 2015.

Is a sister considered immediate family for FMLA?

The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for their own health or to care for a family member, including to care for the employee’s spouse, child, or parent who has a serious health condition. Sibling are not listed.

Does FMLA cover aunts and uncles?

Under the FMLA, eligible employees may take leave to care for a spouse, parent, or child. Obviously, this does not specifically include aunts, uncles, siblings, or other family members.

What are the three requirements for FMLA?

In order to be eligible to take leave under the FMLA, an employee must (1) work for a covered employer, (2) work 1,250 hours during the 12 months prior to the start of leave, (3) work at a location where 50 or more employees work at that location or within 75 miles of it, and (4) have worked for the employer for 12 …

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Can I take FMLA to take care of my grandmother?

Unless an in loco parentis relationship existed when the employee was a “son or daughter,” an employee is not entitled to take FMLA leave to care for a grandparent or an aunt with a serious health condition.

Does FMLA cover brothers and sisters?

It says nothing about siblings, which means they aren’t covered. … Although no legal or biological relationship is necessary, grandparents or other relatives, such as siblings, may stand in loco parentis to a child under the FMLA as long as the relative satisfies the in loco parentis requirements.

Can I take FMLA for my niece?

As the DOL interpretation makes clear, a employee may be entitled to FMLA protections when, for example, she takes leave upon her same-sex partner’s birth of their child, or to care for a grandchild, niece, or friend’s child with a serious health condition whom she parents.

Is an aunt considered immediate family?

In most cases, aunts and uncles are not considered to be immediate family members. Your employer may have a different policy, however. According to its dictionary definition, immediate family is limited to a person’s parents, brothers and sisters, spouse, and children.

Do I qualify for FMLA Covid?

No. The FMLA protects eligible employees who are incapacitated by a serious health condition, as may be the case with COVID-19 in some instances, or who are needed to care for covered family members who are incapacitated by a serious health condition.

How does family leave work?

The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. … FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons.

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Can you be denied FMLA?

It is against the law for a covered employer to deny an eligible employee’s proper request for FMLA leave. Your employer can’t require you to perform any work while you are on approved FMLA leave. It is also illegal for a covered employer to retaliate against an eligible employee who requests FMLA leave.

Does family leave cover siblings?

Which family members may I take leave for? An eligible employee may take job-protected leave to care for a child of any age, spouse, domestic partner, parent, grandparent, grandchild, or sibling with a serious health condition.

What happens if an employee is not eligible for FMLA?

If employees do not qualify for FMLA leave, but take leave anyway, an employer may fire them unless they have contractual protections, such as a collective bargaining agreement. … The same issue may arise for employees who qualify for FMLA time and exhaust their 12 weeks, and then are unable to return to work.