Can I use FMLA to care for my father in law?

The Family and Medical Leave Act (FMLA) entitles an eligible employee to take up to 12 workweeks of job-protected unpaid leave to care for a spouse, son, daughter, or parent with a serious health condition. “Parent” does not include the employee’s parents-in-law.

What does the law say about FMLA?

The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.

What questions are asked for FMLA?

Questions Employees May Ask About the FMLA

• How much leave am I entitled to under FMLA?
• How is the 12-month period calculated under FMLA?
• Does the law guarantee paid time off?
• Does workers’ compensation leave count against an employee’s FMLA entitlement?

Who is considered a parent for FMLA leave?

For FMLA leave purposes, a “parent” is defined broadly as the biological, adoptive, step, or foster parent of an employee or an individual who stood in loco parentisto the employee when the employee was a son or daughter. See 29 C.F.R. § 825.122. “Parent” does not include the employee’s parents-in-law.

Can a same sex parent take FMLA leave?

Under the new rule, when an eligible employee’s parent has a same-sex spouse, the employee would be able to take FMLA leave to care for his or her stepparent (the employee’s parent’s same-sex spouse), regardless of whether the stepparent ever stood in loco parentis to the employee.

What does in loco parentis mean under FMLA?

29 C.F.R. § 825.122. “Parent” does not include the employee’s parents-in-law. This Fact Sheet provides guidance on recognizing situations in which an eligible employee may take leave to care for an individual who stood in loco parentis to the employee when the employee was a child. What does in loco parentis mean under FMLA?

Is it legal to use FMLA during pregnancy?

An employee’s ability to use FMLA leave during pregnancy or after the birth of a child has not changed. Under the regulations, a mother can use 12 weeks of FMLA leave for the birth of a child, for prenatal care and incapacity related to pregnancy, and for her own serious health condition following the birth of a child.