HR Management & Compliance

Determining FMLA Eligibility: Documentation of Family Relationships

This article series highlights the requirements for determining Family and Medical Leave Act (FMLA) eligibility. The last installment focused on the new definition of spouse under the FMLA. Now we’ll look at documenting family relationships and its impact on the FMLA.

The FMLA regulation at § 825.122(k) permits employers to require employees who take leave to care for a family member to provide reasonable documentation of the family relationship. Reasonable documentation may take the form of either a simple statement from the employee or documentation such as a birth certificate or court document.

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