Legal Question in Medical Leave in California

FMLA for grandparent

I understand that the FMLA normally covers an employee having to take care of

a parent, spouse, or child, NOT grandparents. However, I am the sole care giver and durable power of attorney (medical) since 1993 for my 85 year old grandmother who i have been taking care of for 2 plus years. She was recently

diagnosed with megastatic (terminal and spreading) cancer and given 4-6

months to live. I have taken over ALL of her care, including feeding and bathing. Is there any clause that will allow me to take a Family Medical Leave

to care for her. My company has denied it and does not even want to listen

to the circumstances nor acknowledge the medical power of attorney.

Thank you in advance for your help.


Asked on 5/24/99, 3:22 am

1 Answer from Attorneys
Dymond Steven Steven H. Dymond P.C.

Re: FMLA for grandparent

I offer no legal opinion given the limited facts. However, if your grandmother stood "in loco parentis" that is acted in the place of one of your parents, you are entitled to take leave for her. YOu shoudl state this in writing to te company. If this does not apply, you should see if there are other leaves which your company offers for emergency situtations. Good Luck

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Answered on 5/28/99, 12:23 pm


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