Who is considered an “immediate family member” for purposes of FMLA leave?
Under the FMLA, immediate family members are spouses, children, and parents. Spouses must be legally married partners, as the FMLA does not apply to unmarried domestic partners. The term parent does not include a “parent-in-law,” (your spouse’s parent). Children must be under 18, unless they are incapable of self-care because of a mental or physical disability. “Children” refers to biological children, adopted children, foster children, step-children, or any child for whom the employee is acting in a parental capacity. Care for grandparents, in-laws, and siblings is not covered under the FMLA.
