What may be required to document an in loco parentis relationship?
The employer’s right to documentation of family relationship is the same for an individual who asserts an in loco parentis relationship as it is for a biological, adoptive, foster or step parent. Such documentation may take the form of a simple statement asserting the relationship. For an individual who stands in loco parentis to a child, such statement may include, for example, the name of the child and a statement of the employee’s in loco parentis relationship to the child. An employee should provide sufficient information to make the employer aware of the in loco parentis relationship. See 29 CFR 825.122 In loco parentis status and other FMLA requirements In loco parentis status under the FMLA does not change the law’s other requirements, such as those regarding coverage, eligibility, and qualifying reasons for leave. All requirements must be met for FMLA protections to apply. An employee asserting a right to FMLA leave for birth, bonding, or to care for a child for whom he or she
