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:
- Who stood in loco parentis for the employee when a child under the age of 18*
- Child who is
- 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**
?*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.