FMLA for the Grandmother?

CCH1400 · May 2004

Here is a new twist for you. The employee's son's wife is pregnant with their second child. She has to stay at home until the child is born because of complications. The son has been taking intermittent leave to help out at home. The grandmother (employee) has put in for FMLA to help the son and his wife out. Her FMLA leave has been denied. Is it possible for a grandparent to put in for FMLA leave for care of grandchildren? Anyone ever had this situation?

Whatever · May 2004

The answer to the questions is Yes and Yes. In one case, we allowed the leave because the grandchild was sick and the grandmother had legal guardianship. In the other, which was similar to your example, we denied the leave.

Don D · May 2004

If you are talking about the grandmother of the fetus, the answer is no. Now, If her son gets sick and tired of this whole mess, perhaps the mother could take off to care for her adult child, the son, who is suddenly incapacitated and can't care for himself because of all the cooking and ironing suddenly thrust upon him.

homegrown · June 2004

Don, it sounds like "complications" involves the daughter-in-law, not just the fetus.

Millie

Don D · June 2004

What the question was 'can the grandmother take off work to care for the children'. The answer is no. (By the way, where is Nowheresbill, AL?)

Beave · June 2004

Is it possible for a grandparent to put in for FMLA leave for care of grandchildren?

No

Anyone ever had this situation?

No

Good Luck !

njjel · June 2004

while she doesn't qualify for FMLA leave, what does your company policy say about leaves in general? You should be guided by that. If you don't have a leave policy in place, encourage upper management to put one in. We have a policy that states an ee may have (upon approval) up to six months of leave w/o pay (which includes 12 weeks of FMLA leave if qualified.

System · June 2004

The only time a grandparent qualifies under FMLA to care for a grandchild is when the grandparent is acting in 'loco parentis' meaning 'in place of the parent.' There must be subsequent proof of guardianship or custody - a mere statement that 'I'm raising my grandchild' does not qualify.

I would deny the employee's request for leave.

FMLA for the Grandmother?

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