What Relationships Are Covered Under FMLA and Leave Laws Explained

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid leave for certain family and medical reasons.

Under FMLA, eligible employees are entitled to take leave for their own serious health condition, which includes pregnancy, childbirth, and related medical conditions.

Eligible employees can also take leave to care for their spouse, child, or parent with a serious health condition. This can include biological, adopted, or foster children, as well as step-children and other family members.

Curious to learn more? Check out: Fmla Employer Guide

The Federal Law and Regulations surrounding FMLA are quite specific. The Family and Medical Leave Act (FMLA) applies to employers with 50 or more employees.

To be eligible for FMLA leave, an employee must have worked for the employer for at least 12 months, performed a specified number of hours of service in the 12 months prior to the start of leave, and work at a location with at least 50 employees within 75 miles.

Expand your knowledge: How Long Is Fmla in Florida

The FMLA generally covers employers with 50 or more employees. This means that smaller employers may not be required to provide FMLA leave.

Here are the three types of family relationships that are covered under the FMLA:

These are the only family relationships that are explicitly covered under the FMLA, so if you're trying to care for someone outside of these categories, you may need to look to state law for protections.

Under the FMLA, eligible employees can take up to 12 weeks of leave to care for certain family members. The law typically covers spouses, children, and parents.

The FMLA's definition of family members is relatively narrow, which means it usually doesn't cover leave to help care for cousins, godparents, grandparents, siblings, aunts, uncles, other relatives, or friends.

There are only three types of family relationships that are covered under the FMLA: spouses, parents, and children. Some states, however, have expanded the definition of family to include other relatives.

Curious to learn more? Check out: Illinois State Fmla Laws

Here are some examples of states with an expanded definition of family:

Note that even in states with expanded definitions, the FMLA still doesn't cover all family members.

California's expanded definition of family under CFRA now includes a "designated person" who is related by blood or equivalent to a family member. This can be any individual the employee chooses to care for.

Prior to the expansion, a family member under CFRA included a spouse, domestic partner, child, parent, grandparent, grandchild, and sibling. Now, employees can take up to 12 weeks of unpaid leave to care for a designated person.

Some states have leave laws that cover a broader range of family members. For example, Connecticut allows time off to care for a sibling, grandparent, grandchild, or an "affinity relationship." Oregon permits time off for a domestic partner, parent-in-law, grandparent, and grandchild.

In California, prior to January 1, 2023, individuals could take time off to care for a domestic partner, sibling, grandparent, or grandchild with a serious health condition. Now, California's paid sick leave also includes a designated person, but this definition is different from CFRA and is simply a person identified by the employee at the time they request paid sick days.

Other states with an expanded definition of family include: the District of Columbia; Hawaii; Maryland; Maine; New Jersey; New York; Rhode Island; Vermont; Washington; and Wisconsin.

If you're trying to navigate the FMLA, it's essential to know what relationships are covered under the law. The FMLA only provides job-protected leave to care for spouses, parents, and children.

You won't find protection under the FMLA for other family members like in-laws, siblings, grandparents, or aunts and uncles. Instead, you'll need to look to state law to see if you have access to other protections.

Some states have expanded their leave laws to cover a broader range of family members. For example, in Connecticut, you can take time off to care for a sibling, grandparent, grandchild, or an "affinity relationship."

In Oregon, you can take time off to care for a domestic partner, parent-in-law, grandparent, and grandchild. California's law used to cover domestic partners, siblings, grandparents, or grandchildren with a serious health condition, but this changed on January 1, 2023.

Other states with an expanded definition of family include: the District of Columbia; Hawaii; Maryland; Maine; New Jersey; New York; Rhode Island; Vermont; Washington; and Wisconsin.

The "needed to care for" standard is a crucial aspect of FMLA leave, and it's essential to understand what it entails. This standard can be applied to both mental and physical care.

For example, if you have a family member with a serious health condition, such as Alzheimer's or a terminal disease, you may be eligible for FMLA leave. You'll need to provide certification from your healthcare provider stating that you're needed to care for your family member.

The certification will need to specify how long you'll be needed to care for your family member. This can be a temporary or permanent arrangement, depending on the situation.

In some cases, the "needed to care for" standard may also apply if you need to fill in for someone else who normally provides care to a qualifying family member with a serious health condition.

The following conditions are generally excluded from FMLA eligibility, unless inpatient care or complications develop: common colds, cosmetic treatments, earaches, headaches other than migraines, minor ulcers, orthodontic problems, routine dental issues, and upset stomachs.