Under FMLA, who is considered a family member?

Under the Family and Medical Leave Act (FMLA) a family member is defined as a:

  • A Legal spouse
  • A Parent of:
    • Biological
    • Adopted
    • Foster
    • Step
    • Who stood in loco parentis for the employee when a child under the age of 18*
  • Child who is
    • Biological
    • Adopted
    • Foster
    • Step
    • Legal ward under the age of 18
    • Child of a person (employee) standing in loco parentis*
    • An adult child who is incapable of self-care**

‚Äč*Under the FMLA in loco parentis refers to a relationship which includes day-to-day responsibilities to care for  and financially support the individual.

**See the "May I use FMLA Family Care Leave if my child is over the age of 18?" answer.