Legal Question in Medical Leave in Arkansas

Definition of Son or Daughter under FMLA

I have an uncle who is mentally disabled,64 years of age and I am his legal guardian and care for him. My employer told me that I WAS NOT eligible for FMLA protection when my uncle had to be hospitalized for his mental condition in December and I took leave from work. Under 29 CFR 825.113(c) it states a legal ward, 18 or older and incapable of self-care because of a mental or physical disabilty. Doesn't that include my situation as his guardian? Is he considered my ward? I have court documentation showing my legal guardianship but they are refusing me coverage saying that FMLA only includes spouse,parents or son or daughter and that he is none of these.


Asked on 1/05/06, 6:59 pm

1 Answer from Attorneys
Alan Crone Crone & McEvoy, PLC

Re: Definition of Son or Daughter under FMLA

Generally speaking you are correct. Every situation is different. Your situation is unique and probably a first for this company and the person you are dealing with simply does not know or understand the finer points of the FMLA. I recommend you see an attorney and pay him to contact the company and straighten out the problem before it develops into a big thing. If you have any questions, please feel free to contact me. Thanks.

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Answered on 1/06/06, 9:44 am


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