What happened?

On December 13, 2024, the Sixth Circuit Court of Appeals issued a significant decision regarding the interpretation of the “in loco parentis (in place of the parent)” relationships under the Family and Medical Leave Act (FMLA).

Overview:

The Sixth Circuit of Appeals ruled that employees may take leave under the federal Family and Medical Leave Act (FMLA) to care for a spouse, parent, or child, including someone standing “in loco parentis,” provided they comply with the Courts guidance and requirements, extending to adult siblings if they assume a parental role.

• The court turned to common law, confirming that “in loco parentis” relationships can form after age 18 or the onset of disability.
• The FMLA envisions “in loco parentis” relationships involving children who are 18 or older, without specifying if the relationship or the child’s disability must have started before adulthood.
• The court emphasized that the intention to assume a parental relationship is key, and outlined factors such as close physical proximity, responsibility for support, control and rights, and a close emotional bond.
• “In loco parentis” relationships under the FMLA can extend to adult caregivers, provided there is clear evidence of an intention to assume a parental role.
• The U.S. Department of Labor supports that the age of disability onset is irrelevant for FMLA considerations.

Additional Details:

• The Family and Medical Leave Act (FMLA) provides unpaid, job-protected leave for employees to care for a spouse, parent, or child with a serious health condition. FMLA does not cover leave to care for any other person, except when the employee acts in a parental role (“in loco parentis”).
• Although the Sixth Circuit Court of Appeals’ decision is not binding in all jurisdictions, it offers valuable guidance for employers:
  • Employers should carefully review FMLA leave requests involving care for non-enumerated relatives, ensuring they understand the relationship and type of care before making eligibility decisions.
  • This ruling underscores the importance of evaluating all facts before denying leave.
• Employers should carefully evaluate such FMLA leave requests or their standard process to ensure compliance with this broader interpretation of the law.

Source References

• Chapman v. Brentlinger Enterprises
• DOL Fact Sheet #28K: Using FMLA Leave to Care for an Adult Child with a Disability
• DOL Fact Sheet #28: The Family and Medical Leave Act
• DOL Family and Medical Leave Act Employee Guide (English and Spanish)

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