Grandparents and FMLA: Rights and Restrictions

Introduction

We often get asked: "My daughter is having a baby. Can I take FMLA to help her?" The answer is usually no—but not always.

The General Rule: No Coverage

Under standard FMLA rules, **"grandchild" is NOT a covered relationship**. - You cannot take leave to care for a sick grandchild. - You cannot take leave to bond with a grandchild.

The Exception: "In Loco Parentis"

Grandparents CAN take FMLA leave if they stand **"In Loco Parentis"** (in the place of a parent) to the child.

### What qualifies? - You are raising the child. - You provide day-to-day care AND financial support. - The biological parents are absent, deceased, or unable to care for the child.

**Example:** You have legal custody of your grandson. You ARE eligible for FMLA to care for him or attend his school meetings (IEP).

Caring for Your OWN Child

You CAN take FMLA to care for your **own daughter** (the mother) if she has a serious health condition (e.g., C-section recovery, severe complications) and is under 18 or disabled. - But you are caring for *her*, not the baby.

Conclusion

Unless you are raising the child as your own, standard grandparenting (babysitting, helping out) is not covered by FMLA. Check your employer's personal leave policies instead.

*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.*