Human Resource Blog

Family Leave Act

If you have an employee and they have a dependent under 21 years of age and the dependent is pregnant and lives with your employee only will the employee qualify for 2 weeks off under the Family Leave Act to help care for her dependent and also the new baby while the dependent is in the hospital and healing?

The employee may be entilted to time off to care for the new baby, but is probably not entitled to time off to care for the pregnant daughter who is over the age of 18. Pregnancy is always a serious health condition under FMLA. The employee may be entitled to unpaid time off to accompany the expectant mother on  prenatal appointments, etc. if the employees daughter under the age of 18 is pregnant.

The federal FMLA permits an employee to take time off to care for a son or daughter under the age of 18 with a serious health condition. There is no provision under FMLA for an employee to take time off to care for a son or daughter over 18 with a serious health condition, unless that son or daughter has a permanent disability so severe that the son or daughter is unable to care for himself or herself. Example: If the daughter had a developmental disability  or was in a wheelchair prior to pregnancy, and was unable to care for herself, then the parent would be entitled to FMLA when the daughter had a serious health condition.

However, if the daughter is over 18 and not disabled,the parent is not entitled to FMLA for her serious health condition. The daughters financial status as a dependent is irrelevant.

Once the baby is born, if the employee will be the babys guardian or adoptive parent, then the employee is entitled to up to 12 weeks of FMLA to care for an bond with the new baby.

Different rules would apply if the pregnant daughter or her spouse was a member of the active military, or of the reserves or National Guard on active duty.