Unread 03-16-2007, 03:26 AM
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Default fmla for stepchild

Are step children considered immediate family members for FMLA purposes? The child lives with the employee but the child's father is a presence in the child's life so the employee would not be "in loco parentis" I think? But I'm confused on this point. Thanks.
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Unread 03-16-2007, 03:35 AM
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Default RE: fmla for stepchild

Easy answer to this one:

29 CFR 825.113 (c) states that:

"(c) 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 either under age 18, or age 18 or older and ``incapable
of self-care because of a mental or physical disability.''"

I'm assuming the child is under 18?
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Unread 03-16-2007, 03:44 AM
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Default RE: fmla for stepchild

Yep. She turns 18 in December so I guess he could take FMLA for her. Thanks.
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