FMLA to care of Adult Disabled Sibling
KathyA
29 Posts
An employee's spouse's 38 year old brother (who is somewhat mentally disabled) has been living with them for several months and they are receiving his SSI benefits to care for him (both parents are deceased). Due to Medicaid cutbacks, the brother is not entitled to adult day care. They are losing their caregiver and either she or her spouse will need to take FMLA to care for the brother until they find day care help. Am I correct that our employee is not entitled to FMLA since the brother is her in-law, but her spouse is the only one entitled? We're more flexible than what federal law allows, but I do need the federal interpretation. Thank you.
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