Are in-laws considered parents?

Does a mother-in-law or father-in-law qualify as a "parent" under the rules of FMLA in the state of Texas, if their spouse and only child are deceased?

We have an employee who spouse was an only child and has passed away.  The employee has since remarried; however, the employee sees after the deceased spouses surviving parent.

Can you please elaborate on this topic?

Thank you

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  • Hello Donna-

    Texas does not have a state FML law applicable to private employers.

    If you are a private employer in Texas with 50 or more employees, the federal FMLA will apply.

    The federal FMLA applies to leave to care for a spouse, son, daughter, or parent with a serious health condition. Parents-in-law are not covered under the federal FMLA as parents or as "in loco parentis".