Which laws apply if an employee requests leave to care for an ill family member?
The FMLA allows leave for an eligible employee to care for a spouse, child, or parent who has a serious health condition. A child is one who is under the age of 18 or who is 18 or over and is incapable of self care due to a mental or physical disability. A parent does not include a parent-in law, but does include someone who has acted in loci parentis to the employee. “To care for” a family member means that the employee is required for the psychological or physical care of the spouse, child or parent.