In Loco Parentis & FMLA
Can an employee take FMLA to care for an adult who is not a parent, child or spouse?
It depends.
In December 2024, the Sixth Circuit Court of Appeals provided some clarity in determining if an “in loco parentis” relationship is present under the Family and Medical Leave Act. (Chapman v. Brentlinger Enterprises, No. 2:20-cv-05009, Dec. 13, 2024) The Sixth Circuit covers Ohio, Michigan, Kentucky and Tennessee.
At issue was an employee needing to care for her adult sister, who was unable to care for herself. The employee provided financial support, caregiving, and emotional support.
In the Court’s analysis, it looked at several factors in determining whether an in loco parentis relationship existed, including:
Close physical proximity. Did the employee and her adult relative live together or near each other?
Responsibility for support. Are you assisting with medical expenses, daily living expenses.
Control and rights. Who is making the medical care decisions, has power or attorney?
Emotional or familial bond. The Court looked at whether the relationship was similar to parent and child.
Additionally, the Court noted that an in loco parentis relationship is not limited to childhood, but could develop in adulthood.
Takeaway: Don’t immediately deny a request for FMLA. Review the request in a big picture lens looking at all criteria.
