Yesterday, we looked at the DOL’s recent clarification of the parental relationship under the family leave laws. Today, some examples of “in loco parentis” relationships, and tips for handling child-related leave requests.
Examples of In Loco Parentis Relationships
The DOL has provided the following examples of employees who would be entitled to family leave by virtue of standing in loco parentis to children:
- an uncle who takes care of his young niece and nephew because their single parent is on active military duty
- an aunt who assumes responsibility for raising a child after the death of the child’s parents
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- a grandmother who assumes responsibility for her grandchild because her own child is incapable of providing care
- an employee who intends to share parenting responsibilities with his or her same-sex partner
But an employee who takes care of a child while that child’s parents are on vacation wouldn’t be considered in loco parentis or eligible for leave.
How to Handle Child-Related Leave Requests
Whether an employee stands in loco parentis to a child—and thus is entitled to family leave — will depend on the particular facts and circumstances. If you’re uncertain about whether an employee’s relationship to a child is covered by the leave laws, you can require the employee to provide reasonable documentation or a statement of the family relationship. But all the employee needs to supply is a simple statement asserting that the necessary relationship exists.
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TYou can also require the employee to provide medical certification of a child’s serious health condition from the treating healthcare provider. The certification will suffice if it contains:
- the date the serious health condition began
- the probable duration of the condition
- an estimate of the amount of time the employee needs to care for the child
- a statement that the serious health condition requires the employee to provide care during the period of treatment or supervision
Remember, though, that California law prohibits disclosure of the underlying diagnosis of the serious health condition for certification purposes without the patient’s consent.
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- Responding to leave requests
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Don’t fall into the common trap of assuming that, because a formal parent/child relationship doesn’t exist, the leave isn’t protected.
Don’t fall into the common trap of assuming that, because a formal parent/child relationship doesn’t exist, the leave isn’t protected.