FMLA leave

2moms2twins

just wondering does FMLA apply to SAME SEX couples mother in laws? for instance if i need to leave work to care for melanies mom

 

 has anyone does this ?

2moms2twins

Our attny just sent me this reply when i asked her e- june 2010 the dept of labor issued a reg that expanded Fmla to sspartners caring for their partners children and relatives -  i think Mil would be a relative

 That answers that  question .. But have any of you applied for FMLA and is it only for w-2 employees  like can I as a 1099 apply ?

 

Just wondering what your experience was/is with FMLA?

 

2brides

I routinely fill out FMLA paperwork as part of my job. FMLA is only for companies larger than 50 employees and only if you have worked there more than 1 year.  So, if you file a 1099 (independent contractor) you are not eligible.  The FMLA doesn't entitle you to pay  - just that you can't be fired for caring for a family member or taking care of your own health needs.

Kershnic

2brides is right.    Yes, MIL through same-sex partnership qualifies.  No, independent contractors don't qualify.  But if you have a good relationship with your boss it seems likely that you wouldn't lose your job if you're clear and up front about it.  

 I hope nothing too serious is going on with Melanie's mom. 

2moms2twins

No nothing with Melanie mom ... Just asking for a friend and using us as examples

AS always you are a wealth of information THANK YOU so much !!!!

ball.and.chain

I'm not an attorney but my impression is that the changes the Department of Labor made in 2010 only apply to taking care of children.  They changed the language defining "son" and "daughter" to apply to any child for which you serve as a parent, whether it's legally or biologically your child or not.

https://www.dol.gov/opa/media/press/WHD/WHD20100877.htm

According to this HRC explanation, it still does not apply to taking time off to care for same-sex partners themselves -- so I doubt it would cover the parents of those partners.

2brides

No, it isn't only for children. That document specified the definition of children to include non-biological childen, but other family member are eligible. My guess is they would let you take leave for family members in a SS relationship will depend more on the organization than the law.

lethalmermaid

It was my understanding that your spouses parents aren't eligible family members.

 

An employee's mother-in-law or sibling has a serious medical condition. Can the employee request protection under FMLA?

No. Employees have the right to take leave only to care for someone who is a biological or adoptive parent. An employee can also take leave to care for an individual who acted as his or her parent during the employee's childhood.

2brides

Per DOL

To care for the employee?s spouse, child, or parent who has a serious health condition

lethalmermaid

2brides:

Per DOL

To care for the employee?s spouse, child, or parent who has a serious health condition

 

Right, but that's YOUR (employee taking the leave) parent.  Not your spouse's parent.

 

 

FMLA definition of "parent"

For FMLA leave purposes, "parent" is defined broadly as a biological, adoptive, step, or foster parent, or an individual who stood in loco parentis to an employee when the employee was a child. See 29 C.F.R. ? 825.122(b). An employee?s parents-in-law are not included in the definition of "parent" for purposes of FMLA leave. The FMLA military leave provisions have a specific definition of parent for purposes of servicemember caregiver leave. See 29 C.F.R. ? 825.122(i).

2brides

right. I was agreeing with you!

lethalmermaid

2brides:

right. I was agreeing with you!

lethalmermaid

Duh, sorry!

 

I am studying for the PHR and it is getting all jumbled in my head. I thought I was going to have to go back and re-learn something. : )

I was happy to learn that if your PARENTS are same sex that your "non-bio" mom/dad count now. Baby steps.....