Like foster care

GLC

I received a call this morning from an EE who has just received temporary custody, also called kinship care, of her five grandkids. Kinship care prevents the children from living with a stranger, but gives custody to a relative. She wants to take some time off from work. She is not adopting them, however. Would this be FMLA under the foster care guidelines of FMLA?

hhaynal

I have not pulled out the statute, but I would sure put an argument forth that the situation you presented would be akin to a foster care relationship.

Notwithstanding any FMLA consideration, would your company not be amenable to granting her a paid or non-paid leave of absence for purposes of settling in the children? Is she a good employee? Worth waiting for? And not a hardship to the company while she's out?

Things to consider....

LarryC

I agree with Heidi 100%! Go ahead and grant the leave. If someone suggests that you are setting a precedent just say, "That's right. And a damn good one at that!" Besides, it sure sounds like foster care to me.

VS

I am not sure what is behind the "kinship" award, but I would think that this could qualify under the "in loco parentis" category. This would certainly provide you a stronger defense for your decision, versus making one that is "the right thing to do"! My thoughts!