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FMLA siblings with serious health condition

Would FMLA cover a sibling if the employee has legal guardianship of a brother for example that is 47 with a mental illness and unable to care for themself as defined by FMLA serious medical condition?

The Family and Medical Leave Act (FMLA) allows eligible employees to take leave to care for a parent, spouse or child with a serious medical condition. Siblings are not covered family members under the FMLA. The only exception would be if the sibling stood in loco parentis to the employee when he or she was a child. In other words, if this sibling acted as the employee’s parent when he or she was a child, then he or she may be able to take FMLA leave to care for the sibling now. Otherwise, FMLA will not cover an employee’s absences to care for a sibling.


This entry was posted on Friday, April 13th, 2012 at 3:43 pm and is filed under
Attendance Management, Human Resources Management, Labor Laws.
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