Monday, March 9, 2009

Deny FMLA to Care for In-Law?

Q. My mother-in-law is ill with shingles, and I need to take leave from work to care for her. My HR manager says that although I would qualify for FMLA, I can't take it to care for an in-law. Can my boss do that?

A. Yes. The FMLA allows unpaid leave for eligible employees to care for an immediate family member with a serious health condition. An employee's spouse, children, and parents are immediate family members for purposes of FMLA. The term "parent" does not include a parent "in-law," according to the US Department of Labor. Under these circumstances, your employer can deny the FMLA leave without violating the FMLA.

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