The Family and Medical Leave Act provides for parents to take leave to care for themselves, spouse or child under the age of 18 with a serious medical condition. In today’s world, families are more complicated than that. Oftentimes, grandparents help fill the role of primary caretaker.

Even though legally grandparents cannot receive FMLA leave in order to care for a grandchild, like in many situations, there are always exceptions.

First of all, when a grandparent is the legal guardian of the grandchild, they are acting as a parent and usually are able to take FMLA leave the same as any parent needing to care for a child’s health.

Secondly, a grandparent may be eligible when the grandparent stands in loco parentis to the grandchild. Several factors need to be considered to determine if someone is considered standing in loco parentis, including the age of the child, the amount of support provided to the child by the person, the true extent of parental duties the individual has as well as the level of dependence the child has on the individual.

Thirdly, a grandparent may be eligible when they are caring for that child through psychological and emotional support by taking care of their child’s child. A common example of this is if a grandmother wants to take FMLA leave to help care for their daughter’s child after their daughter has a baby, that employee may be eligible for FMLA leave.

This area is not clear cut and a bit challenging to truly figure out. So much needs to be considered and the more information, the easier it may be to make a decision about the situation.

If you are a grandparent and are seeking FMLA leave to care for a grandchild or adult child, don’t give up hope. Depending on the situation, it may be possible. Call our office for a free, initial consultation.