Legal Question in Medical Leave in Virginia

FMLA and Alternate Lifestyle

I am a 33 year old gay male. My partner of 10 years is 45 years old and was recently diagnosed with colon cancer. While he is doing okay now, he has suffered some ill effects. He is unable to work. His doctor has told him that he has about a year to live. My question is: Since he is my partner in life, I must take care of him when he is unable to fend for himself. I want to do everything possible for him to insure his comfort. Legally, he is not "related" to me, but he has no family to help. Am I covered under FMLA since I will be the primary caregiver?


Asked on 3/10/00, 4:10 pm

1 Answer from Attorneys
Kelly Henderson

Re: FMLA and Alternate Lifestyle

Very sorry but it does not appear that the FMLA was written with alternative lifestyles in mind.

The statute speaks only of a spouse, son, daughter or parent. This does not mean your company cannot grant you some time off, only that the FMLA does not require that they do. Good luck.

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Answered on 3/22/00, 11:54 pm


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