Legal Question in Medical Leave in Arizona
adult dependent care
My 33 year old daughter is in an inpatient treatment center for alcolhol abuse. She will be there for 28 days and will have extensive after care with visits 3 times a week. She has sole custody of her 3 minor children. I would like to know if I qualify for fmla to care for her and her children? Do I need to obtain temporary custody of the minor children in order to qualify for fmla? Thank you for any assistance you can give me.
1 Answer from Attorneys
Re: adult dependent care
Let me start by advising you to consult with an attorney in your state as to state law where you live. Federal law provides some forms of relief, but many times state law provides greater relief.
Under the terms of the FMLA, valid reasons for leave consist of the birth or adoption of a child or to care for a son or daughter if that person is experiencing a serious health condition. In this case, I doubt that you would be entitled to FMLA leave in that the people to whom you need to provide care are not suffering from a serious health condition as contemplated in the language of the FMLA. However, this is not a clear situation and you would be well served to spend some time with an attorney going over your situation to get a clearer answer than you can on an Internet message board.
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