Who Counts as "Family" Under FMLA?
FMLA only covers leave to care for certain family members. Learn who qualifies as spouse, child, and parent—and who doesn't.
Introduction
FMLA allows you to take leave to care for a family member with a serious health condition—but the law defines "family" narrowly. Your in-laws, grandparents, and siblings are not covered under federal FMLA.
Covered Family Members
### Spouse - Legally married husband or wife - Includes same-sex spouses (recognized nationwide since 2015) - Based on place of celebration, not residence
**Not covered:** Domestic partners, fiancé(e)s, ex-spouses
### Son or Daughter - Biological child - Adopted child - Foster child - Stepchild - Legal ward - Child for whom you stand "in loco parentis" (day-to-day care and financial support)
**Age limit:** Generally under 18, OR adult child incapable of self-care due to disability
### Parent - Biological parent - Adoptive parent - Stepparent - Foster parent - Anyone who stood "in loco parentis" to you when you were a child
**Not covered:** Parents-in-law
Who Is NOT Covered
| Relationship | Covered by FMLA? | |--------------|------------------| | In-laws | No | | Grandparents | No | | Grandchildren | No | | Siblings | No | | Aunts/Uncles | No | | Nieces/Nephews | No | | Close friends | No |
The "In Loco Parentis" Exception
This Latin phrase means "in the place of a parent." You may qualify if:
**For a child:** You have day-to-day responsibility for care and financial support of someone else's child (grandchild you're raising, relative's child in your home).
**For yourself:** Someone other than your biological parents raised you and provided care and support.
State Laws May Be Broader
Some states expand the definition of family:
- **Oregon:** Grandparents, grandchildren, siblings
- **New Jersey:** Civil union partners, domestic partners
- **California:** Grandparents, grandchildren, siblings, domestic partners
Check our [State Leave Laws](/states) for expanded coverage.
Options When FMLA Doesn't Cover Your Relationship
- **State leave laws** with broader family definitions
- **Employer policies** that go beyond FMLA
- **ADA accommodations** if you're a caregiver and it affects your own condition
- **Unpaid personal leave** (not protected, but may be available)
Conclusion
Federal FMLA has a narrow definition of family: spouse, parent, and minor child (or adult disabled child). Know your state laws and employer policies for additional options.
*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice. Nothing on this site should be taken as legal advice for any individual case or situation. Consult with a qualified employment attorney or your HR department for guidance specific to your circumstances.*
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