Can I take FMLA leave to care for a family member if the family member is not the employee's parent, spouse, or child?

Yes, the Family and Medical Leave Act (FMLA) allows employees to take time off from work to care for a family member. In Maine, an employee may use FMLA leave to care for a parent, spouse, or child. However, an employee may also take FMLA leave to care for a “next of kin” who is a blood relative or a relative of affinity. Relatives of affinity are those related to the employee by marriage, such as a brother-in-law, sister-in-law, aunt or uncle. An employee may also take FMLA leave to care for an in-law, step-parent, or step-sibling. As long as the family member has a "serious health condition" (such as an illness, injury, impairment, or condition that requires inpatient care or continuing treatment by a healthcare provider) that requires the employee to care for the individual, the employee qualifies under FMLA leave laws. The employee must provide certification of the family member’s serious health condition to the employer. To be eligible for FMLA leave, an employee must also have worked for the same employer for at least 12 months and for 1,250 hours in the preceding 12 months. Employees who have not yet met these requirements may still be eligible to take unpaid leave for the purpose of caring for a family member.

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Can I take FMLA leave to care for a family member if the family member is not the employee's parent, spouse, or child?

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