Legal Question in Medical Leave in Pennsylvania

Guardianship

I am a legal guardian of my 82 yr. old uncle who is legally blind, has acute psycosis, severe demensia and severe hypertension . I am his only caretaker - he is 100 % dependent on me . I also have Durable Power of Attorney since he is incompetent . I take care of all his financial ,

medical and personal situations. My place of employment says I'm not eligible for this Family Leave Act - I can't see how I'm not . the man lives with me . I have a Veterans Affairs nurse look after him when I'm at work . For 2 years I had to take vacation to send him to the hospital or take care of him , now their holding this against me because I had to take a few days without pay to attend to his needs ... Help !


Asked on 3/02/99, 9:52 pm

1 Answer from Attorneys
Stephen Scapelliti Law Office of Stephen Scapelliti, Esq.

Re: Guardianship

The Family Medical Leave Act allows unpaid leave to qualifying employees "...to care for the employee's spouse, son, daughter, or parent with a serious health condition...." Other family members (including parents "in law") do not qualify as a reason for taking FMLA leave.

If the uncle stood in the position of your parent when you were a minor, then you might qualify for leave, pursuant to Section 825.113 of the regulations for the Family Medical Leave Act. If he is entrusted to you as a "ward" by a court, this regulation might provide support for leave to care for him. A simple power of attorney would not.

You should consult an attorney or the U.S. Department of Labor office in your area, to determine your legal rights and obligations and to consider the particular facts and circumstances which affect those rights and obligations. This response should not be considered to be legal advice, and no attorney/client relationship has been created as a result of this response.

You should conta

Stephen Scapelliti

Couzens, Lansky, Fealk, Ellis, Roeder & Lazar, P.C.

39395 W. Twelve Mile Road, Suite 200


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Answered on 3/12/99, 9:50 am


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