Legal Question in Medical Leave in New Jersey

FMLA & Durable Medical Power of Attorney

I work in HR and we have an employee who wants FMLA to care for his live-in girlfriend. She has a disability and apparently she is considered his dependent. He claims her as a dependent on his income tax and she also provided a durable medical power of attorney, with him as the ''agent''. Is this enough for her to be qualified as ''family'' under FMLA?


Asked on 2/27/09, 3:39 pm

2 Answers from Attorneys
John Corbett Corbett Law Firm LLC

Re: FMLA & Durable Medical Power of Attorney

Both the NJ FLA and the federal FMLA serve to provide care for a "spouse." That would imply a lawful marriage. Children and parents of the employee are also included. Live-in girlfriends are not included. A very quick check of the case law reported in my source showed no contrary case law. If you think that a "no" would generate a big issue, you may want to have your lawyer check the case law further.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 2/28/09, 10:37 am
Salvatore Principato Salvatore Principato, Attorney at Law

Re: FMLA & Durable Medical Power of Attorney

Like the other distinguished attorney, I am not in a position to comment about these bills (laws); however, I note that the domestic partnership laws may have some impact as to a same-sex partner but does not seem to cover the opposite-sex live-in situation. I believe your attorney should more thoroughly research this issue and I would be happy to hear the outcome.

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Answered on 3/03/09, 10:55 am


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