Legal Question in Medical Leave in Texas

FMLA elligible family member

My 86 year old aunt is terminal, I am her primary caregiver. My employer said I am inelligibe for FMLA because she is not a qualifying family member.


Asked on 2/06/09, 1:23 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: FMLA elligible family member

That's true. Recent opinions on FMLA indicate that even if you were her guardian, she would not qualify, and the language only supports guardians when the person was standing in loco parentis, and the disabled person was under 18 when the disability manifested.

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Answered on 2/07/09, 8:49 am


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