FMLA Leave Rights May Extend to Siblings, Appeals Court Rules

An employee may be entitled to leave to care for a seriously ill sibling, a federal appeals court has ruled.

The U.S. Court of Appeals for the Sixth Circuit made the determination regarding the Family and Medical Leave Act, according to a news release from the Wagner Law Group.

The FMLA entitles eligible employees to 12 weeks of leave in a 12-month period for a variety of circumstances, including the employee’s own serious health condition; to care for a seriously ill or injured spouse, child or parent; for the birth or adoption of a child; or for “exigencies” related to a spouse’s military deployment. While it does not list siblings, the statute says that an “in loco parentis” relationship may merit leave. The court found that such a relationship may exist with an adult sibling.

The court made the ruling in Chapman v. Brentlinger Enterprise, where an employee requested leave under FMLA to care for her terminally ill sister. The employer denied the request, saying care for an adult sibling was not covered under FMLA. The employee did not report for work and was terminated.

The employee said that during her absence, she supported her sister by paying a portion of her bills and buying groceries and other household items. She also cooked her sister’s meals and hand-fed her, helped her use the bathroom, cleaned her when she was incontinent, brushed her hair and teeth, and took care of her apartment by. She helped with her sister’s medical needs by administering over-the-counter medications and performing other health care services.

The employee filed suit in federal court, and the district court ruled against her, agreeing that the FMLA did not cover leave to care for an adult sibling.

In its decision, the appeals court noted that while FMLA does not mention siblings it allows leave to care for an in “loco parentis” parent or child.

The court noted FMLA does not define “in loco parentis,” which it said commonly refers to “a person who has put himself in the situation of a lawful parent by assuming the obligations incident to the parental relation” without legally adopting the individual.

The court remanded the case to the district court to determine whether the employee and her sister were in a relationship that was parental in nature. If so, the employee would be entitled to FMLA leave, it wrote.