The Essential Guide to Family & Medical Leave

chapter 4 | leave for a serious health condition | 71
Caution
The FMLA doesn’t cover domestic partners, but state law might. Some
states’ family and medical leave laws include more family members. For
example, the California Family Rights Act (CFRA) allows employees to
take time off to care for a domestic partner. Consider both the FMLA and
your state’s law when evaluating an employee’s request for leave. Chapter
11 and Appendix A cover this issue in more detail.
• Child. An employee may take FMLA leave to care for his or her biological
child, adopted child, stepchild, foster child, or legal ward. An employee
may also take time off to care for a child whom the employee has the
day-to-day responsibility to care for and support financially, even if the
employee does not have a legally recognized relationship with that child.
(In legal terms, this is called serving “in loco parentis,” or in the place of
a parent.) Children are covered only until they reach the age of 18, unless
they are incapable of taking care of themselves because of a physical or
mental disability.
Example: Sarah’s sister, Francis, is a single mother. After being convicted of selling
drugs, Francis was sentenced to three years in prison. While Francis is serving her
time, Sarah is taking care of Francis’s son, Terry. Terry gets the measles, and Sarah asks
for FMLA leave to care for him. Because Sarah is Terry’s aunt, and nephews aren’t
covered by the FMLA, you deny her request. Did you do the right thing?
Nope. Although Sarah is Terry’s aunt, she is also acting as his legal guardian and
parent while Francis is in prison. This relationship is covered by the FMLA.
• Parent. An employee may take FMLA leave to care for his or her legal
parent or for someone who served in loco parentis when the employee
was a child. This might include, for example, a stepparent, grandparent,
adopted parent, legal guardian, or foster parent. In-laws are not covered.