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Jul08

Intermittent FMLA for legal guardian of legally disabled adult sibling

We have an employee who is the legal guardian for a permanently and legally disabled adult sibling. The sibling is in the process of some health and living arrangement changes. Is it possible to obtain an intermittent FMLA for our employee? She is the Sister and legal guardian of her brother. We are in NH.

A parent can take FMLA to care for a son or daughter over the age of 18 who is permanently disabled and has a serious health condition. An employee who is a legal guardian can take FMLA on the same basis as a parent — in other words, if the disabled ward over 18 has a serious health condition. The FMLA can be continuous or intermittent.

Since you mention health issues, it is likely that the ward has a serious health condition. This may sound like a no-brainer, but some conditions which are permanent disabilities are not a serious health condition under FMLA.

If the employee was dealing with changes in living arrangements only, and the ward did not have a serious health condition, then the employee would not be entitled to FMLA leave.

 

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This entry was posted on Thursday, July 8th, 2010 at 10:29 am and is filed under
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