Atlanta Employment Attorneys Blog
Today, relationships are more complex than ever — including familial interactions and duties. An adult incapable of caring for herself may rely on a niece/nephew, sibling, cousin, or other non-parental relative to meet all her care needs. When that happens, the caregiver may need periods away from work. Workers and employers alike should recognize that, depending on the exact details of the relationship and the caregiving duties, that caregiver relative may be entitled to leave under the Family and Medical Leave Act. Whether you are a worker or an employer, if you have a question about the extent of FMLA coverage, you owe it to yourself to seek answers from a knowledgeable Atlanta FMLA leave lawyer.
An FMLA interference and retaliation case playing out to our north highlights the issue of “in loco parentis” relationships and FMLA coverage.
The employee in the case, C.C., was a finance manager at an automobile dealership in Ohio. She was also the primary caretaker of a sister battling terminal cancer. In June 2019, the manager used the last of her paid time off (PTO) to attend to her sister, who lived in Kentucky.
After the manager exhausted her PTO, she asked to go on FMLA leave. Allegedly, the employer’s HR representative informed the manager that the FMLA did not cover caring for siblings and that the woman “needed to choose between her job and her sister.” When the manager’s caretaking duties forced her to arrive late to work one Wednesday in July 2019, the employer fired her that day.
The manager sued, alleging FMLA interference (due to wrongfully denying her leave) and retaliation (due to her firing). The employer alleged that the manager was not an “eligible employee” under the FMLA, meaning it could not be liable for interference or retaliation. While the trial court agreed with that argument, the 6th Circuit Court of Appeals did not.
The appeals court, which ruled earlier this month, said that while time spent caring for siblings generally is not covered by the statute, it can be if the caretaking sibling is functioning “in loco parentis.” That Latin phrase roughly means “in the place of a parent.”
The appeals court’s decision provided helpful clarification about how it viewed the relationships that can qualify as “in loco parentis.” The court stated that the employee seeking leave must establish that she intended to — and did — “assume a parental role” over the sibling in need of care. Additionally, the court explained that a relationship can qualify as “in loco parentis” even if the sibling in need of care “was over eighteen, her condition developed in adulthood, and the purported parental relationship originated after the onset of the disabling condition.”
What the Federal Appeals Court in Atlanta Has Said
The 11th Circuit Court of Appeals, whose rulings control federal lawsuits in Georgia, Alabama, and Florida, has also addressed the issue of the FMLA and “in loco parentis” relationships. In the 11th Circuit, which the court published in 2008, a payroll supervisor for a county school district sued the employer for FMLA interference and retaliation. The supervisor alleged that the district fired him after he requested FMLA leave to care for his infant granddaughter.
The appeals court ruled that the grandfather’s relationship with the granddaughter could qualify as “in loco parentis.” The court noted that the grandfather provided “financial support, including a home, food, and health insurance,” as well as caring for the infant (including assuming sole responsibility for [the baby] when [the child’s mother] was at school or Army Reserve drills.) These assertions arguably met what the law requires and created a relationship that qualified the caregiver for FMLA leave.
These cases are a reminder that the range of relationships that qualify under the FMLA is not always something with clear-cut boundaries. Rather than relying on cookie-cutter interpretations of the law, it is wise to consult legal counsel about all the nuances of FMLA law. The experienced Atlanta FMLA leave attorneys at the law firm of Parks, Chesin & Walbert are here to help. We have an extensive background advising clients about FMLA eligibility issues, so we have the skill set to help you deal with your issue. Contact us through this website or at 404-873-8048 to schedule a consultation today.