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Is Meeting With Lawyers to Arrange Guardianship for an Orphaned Niece Covered under FMLA?

Is Meeting With Lawyers to Arrange Guardianship for an Orphaned Niece Covered under FMLA?

Q: What is an example of undue hardship?

An example of undue hardship might be a small business that cannot afford to hire temporary workers to cover an employee's extended leave. If the absence of that employee would significantly impact the business's ability to operate or meet customer demands, it could be considered an undue hardship.

Full question:

I have a question regarding FMLA that I would appreciate your help with. Over the Christmas holidays, one of our employee's brother tragically passed away leaving a six year old child without a parent. The employee is now taking care of the little boy and is seeking legal assistance with his brother's estate but wanted to know if he would be eligible under FMLA to take time off when he has to meet with lawyers regarding establishing guardianship or temporary custody of the child. I gave him a summary of FMLA rights under the Family and Medical Leave Act of 1993 from the government web site, but was unsure weather the reason stated for taking leave would qualify this individual under these circumstances. Could you give me your advice?

Category: Employment
Subcategory: FMLA
Date: 04/07/2025
State: Connecticut

Answer:

The Family and Medical Leave Act (FMLA) is a federal law that requires covered employers to grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for several reasons including to take medical leave when the employee is unable to work because of a serious health condition. The Family and Medical Leave Act (FMLA) is a federal law that requires covered employers to grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

-for the birth and care of the newborn child of the employee;
-for placement with the employee of a son or daughter for adoption or foster care;
-to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
-to take medical leave when the employee is unable to work because of a serious health condition.

The term "son or daughter" means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is--
under 18 years of age; or
18 years of age or older and incapable of self-care because of a mental or physical disability.

The term "parent" means the biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a son or daughter. Persons who are "in loco parentis" include those with day-to-day responsibilities to care for and financially support a child, or, in the case of an employee, who had such responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary.

Financial and legal arrangements are covered under exigencies for leave under the Act.

An employer covered by FMLA is any person engaged in commerce or in any industry or activity affecting commerce, who employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year.

Please see also:

http://www.dol.gov/whd/regs/statutes/fmla.htm#SEC_101_DEFINITIONS
http://www.dol.gov/dol/allcfr/Title_29/Part_825/29CFR825.122.htm
http://www.dol.gov/dol/allcfr/Title_29/Part_825/29CFR825.126.htm

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is an undue hardship for FMLA?

An undue hardship under FMLA refers to significant difficulty or expense incurred by an employer when accommodating an employee's leave request. This can include factors like the size of the business, the impact on operations, and the availability of other employees to cover the workload. If accommodating the leave would severely disrupt the employer's operations or finances, it may be considered an undue hardship.

What would be considered an undue hardship?

Undue hardship is typically characterized by significant difficulty or expense for an employer. This may involve factors like the size of the workforce, the nature of the business, and the specific needs of the employee. For example, if granting leave would require hiring temporary staff at a prohibitive cost or severely disrupt essential services, it could be deemed an undue hardship.

What is an example of undue hardship?

What is an example of undue hardship for FMLA?

An example of undue hardship for FMLA could be a situation where an employer has a limited workforce and cannot absorb the absence of an employee without jeopardizing critical operations. For instance, if a key employee's leave would force the employer to cancel contracts or fail to meet deadlines, it may qualify as undue hardship.

What is an example of FMLA abuse?

FMLA abuse can occur when an employee takes leave under false pretenses or for reasons not covered by the Act. For example, if an employee frequently takes FMLA leave on Fridays or Mondays without a legitimate reason, or if they use leave for personal activities unrelated to family or medical needs, it may be considered abuse of FMLA rights.

Does FMLA cover bereavement?

FMLA does not specifically cover bereavement leave. However, if an employee needs time off to care for a family member with a serious health condition or to manage legal matters related to a death, they may qualify for FMLA leave under those circumstances. Employers often have separate bereavement policies, so it's important to check company guidelines.