Can an employee claim FMLA time off to babysit children when spouse needs time to attend to sick relative? The relative’s illness would qualify for FMLA.

Ann Kiernan replies:

No. FMLA leave is available only if the employee is caring for a family member with a serious health condition.

The situation you describe is different from that presented in a recent federal appeal. Suzan Gienapp took FMLA to care for adult daughter, who had serious thyroid cancer; the doctors did not know whether she would recover. While staying with her daughter, Ms. Gienapp also took care of the grandchildren who lived there. She returned to work after 12 weeks of FMLA lave and was told she no longer had a job. In awarding judgment to Ms. Gienapp, the appeals court held that caring for grandchildren did not disqualify her, so long as she was also caring for her daughter: “[A]ssistance to one’s daughter, plus care of grandchildren that could take a load of the daughter’s mind and feet counts as ‘care’ under the Act.” Gienapp v. Harbor Crest, 756 F.3d 527 (7th Cir. 2014).

Posted 11-18-2019

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.