Legal Question in Medical Leave in Virginia

Emergency custody of grandchildren

I had to take custody of my two grandchildren after they were deserted by their mother. Their father is currtently at sea with the U.S. Navy and cannot get back until his ship returns. Can I take leave under the FLMA?


Asked on 8/26/02, 5:55 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Emergency custody of grandchildren

Under U.S. Code Title 29>Chapter 28>Sec 2612(a)(1),caring for grandchildren is not included in the entitlement to the 12 weeks of unpaid leave, apparently, under any circumstances, including the scenario that you have described.

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Answered on 8/26/02, 11:01 pm
Patrick Stiehm Stiehm Law Office

Re: Emergency custody of grandchildren

There are certain events that trigger entitlement to FMLA, i.e., birth of a child, placement of a child in the hosehold for adoption, the need to provide care to a child, parent, son or daughter, your own condition prevents you from performing the functions of your job. Care of grandchildren is not a triggering event

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Answered on 8/27/02, 6:22 pm


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