Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.
Q:
I was recently refused sick leave under FMLA to care for my sister who is suffering from breast cancer and severe depression. I have also appealed the refusal to my manager’s supervisor. Can they do this?
A:
“Sister” is not a covered relationship under the Family and Medical Leave Act (FMLA). To be covered, the relationship must be a spouse, parent or child. FMLA generally must be requested in advance or if impracticable, within 2 days of returning to work.
Bill Bransford is managing partner of Shaw Bransford & Roth PC.
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2 Comments
Did we find out what state she was in? Might qualify under state leave laws.
Really helpful blog Bill, fun to read.
The definition of “family member” for sick leave purposes remains unchanged. It includes the following relatives of the employee: (a) spouse and parents thereof; (b) children, including adopted children, and spouses thereof; (c) parents; (d) brothers and sisters, and spouses thereof; and (e) any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship. “Serious health condition” has the same meaning as found in OPM’s regulations at 5 CFR 630.1202 for administering the Family and Medical Leave Act of 1993 (FMLA).