Who is considered an immediate “family member” for purposes of taking FMLA leave?
An employee’s spouse, children (son or daughter), and parents are immediate family members for most provisions of FMLA. However, “next of kin” (closest blood relative) is also added when it comes to caring for a servicemember. The term “parent” does not include a parent “in-law.” The terms “son” or “daughter” do not include individuals age 18 or over unless they are “incapable of self-care” because of mental or physical disability that limits one or more of the “major life activities” as those terms are defined in regulations issued by the Equal Employment Opportunity Commission (EEOC) under the Americans With Disabilities Act (ADA). For more on FMLA compliance, see J. J. Keller’s FMLA Revealed: Understanding Leave Requirements manual.
