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Common FMLA Mistakes: In Loco Parentis Relationships: What Am I Doing Wrong??

 

There are many question from clients regarding FMLA administration.

When an employee requests FMLA leave to care for a family member, who is not obviously a child or parent, an initial reaction by the employer might be to deny that request. Under the FMLA, the definitions of “parent” and “son or daughter” include any other individual who stands in loco parentis (“in the place of a parent”) to the employee or child. A legal or biological relationship is not required. Failing to recognize the in loco parentis relationship could result in an FMLA interference claim.