In yesterday's Advisor, we covered the issue of in loco parentis for employees wanting FMLA leave to care for a son or daughter. Today, the other direction—when an employees want leave to care for the person who stood in loco parentis for them, plus an introduction to the "FMLA Bible."

FMLA Definition of 'Parent'

For FMLA leave purposes, “parent” is defined broadly as a biological, adoptive, step, or foster parent, or an individual who stood in loco parentis to an employee when the employee was a child.

Note that an employee's parents-in-law are not included in the definition of “parent” for purposes of FMLA leave.

An eligible employee is entitled to take FMLA leave to care for a person who stood in loco parentis to the employee when the employee was a child. The fact that the employee also has a biological, adoptive, step, or foster parent, does not preclude a determination that another individual stood in loco parentis to the employee when the employee was a child.

The specific facts of each situation will determine whether an individual stood in loco parentis to the employee within the meaning of the FMLA, says WHD.

Examples of 'in loco parentis'

Examples of situations in which FMLA leave to care for a parent may be based on an in loco parentis relationship include:

  • An employee may take leave to care for his aunt with a serious health condition, if the aunt was responsible for his day-to-day care when he was a child.
  • An employee may take leave to care for her grandmother with a serious health condition if the grandmother assumed responsibility for raising the employee after the death of her parents when the employee was a child.
  • An employee who was raised by same-sex parents, only one of whom has a biological or legal connection with the employee, may take leave to care for the non-adoptive or non-biological parent on the basis of an in loco parentis relationship.

Unless an in loco parentis relationship existed when the employee was a child, an employee is not entitled to take FMLA leave to care for a grandparent, an aunt, or another non-covered relative with a serious health condition.

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In loco parentis status under the FMLA does not change the law's other requirements, such as those regarding coverage, eligibility, and qualifying reasons for leave. All requirements must be met for FMLA protections to apply.

An employee asserting a right to FMLA leave to care for a parent who stood in loco parentis to the employee may be required to provide notice of the need for leave and to submit medical certification of a serious health condition consistent with the FMLA regulations.

What's a son? Daughter? Parent? It's an almost overwhelming task to keep up with the old FMLA, let alone comply with the recent, far-reaching changes and then the complexity of marrying all that with state law provisions. Good news! BLR's editors have gone the extra mile to get your comprehensive compliance guide up to date.

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It contains practical answers to all the FMLA questions you are asking—and the ones you haven't thought of but should be asking.

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The Family and Medical Leave Act Compliance Guide includes:

  • Leave law overview
  • All the new forms and advice on how to use them
  • Practical guidance on implementing all aspects of the new rules
  • Analysis of federal and state laws, what they require, and how they interact
  • Leave circumstances, coverage, and eligibility—for FMLA, ADA, workers' comp, and military leave
  • Recordkeeping and reporting requirements
  • Reasonable accommodation
  • Sample policies and forms
  • Plus a quarterly newsletter and updates to make sure you stay in compliance as any changes come about

Get more information or order your copy of the Family and Medical Leave Act Compliance Guide.

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