Under this type of FMLA leave, the employee needs leave to provide care for his or her spouse, son, daughter, or parent because of the family member with a serious health condition. For instance, the employee may need this leave to provide care to the family member because
(i) the family member with a serious health condition is unable to care for his or her own medical, other needs, or needs help in being transported to the doctor; or
(ii) the family member with a serious health condition needs psychological comfort and reassurance.
Qualifying family members include:
- Spouse: meaning a husband or wife.
- Parent: the term parent includes a biological, adoptive, step or fosters father or mother. It also includes any other individual who stood “in loco parentis” to the employee when the employee was a child. However, under FMLA, the term does not include “parents-in-law.”
- Son or Daughter: Under FMLA, “son or daughter” includes a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing “in loco parentis.” It also includes individuals that are either under age 18 or age 18 or older and “incapable of self-care because of mental or physical disability” at the time that FMLA leave is necessary.
- In Loco Parentis: The FMLA regulations define “parent” and “son or daughter” to include “in loco parentis,” which includes those with day-to-day responsibilities to care for or financially support a child. Thus, even employees who have no biological or legal relationship with a child/parent may, nonetheless, qualify as in loco parentis to the child/parent and be entitled to FMLA leave.
Other requirements under federal FMLA regulations include:
- The employee be employed with the company for at least 12 months;
- Over the past 12 months prior to the start of FMLA leave, the employee worked at least 1,250 hours for the employer;
- The employer is a covered employer, that employs 50 or more employees within a 75-mile radius of the employee’s specific worksite.
Moreover, for FMLA purposes. it is important to note that home offices are not necessarily considered a work location. Employees that work remotely must consider the physical office location that the remote employees report to and receive their work from as the work location for FMLA purposes.
Derek Smith
3 min. read
Derek Smith