What types of family members are covered by the FMLA?

The Family Medical Leave Act (FMLA) is a federal law that provides certain employees with up to twelve weeks of unpaid, job-protected leave for certain family and medical reasons. In California, the FMLA applies to employers who employ 50 or more people within a 75-mile radius. The family members covered under the FMLA in California include: • A parent, including a biological, adoptive, step, or foster parent, or a legal guardian. • A child, which can include a biological, adopted, foster, or step child, or a legal ward of the employee. It does not include children who are under 18 and are not the employee’s legal ward. • A spouse, including a same-sex spouse. • A domestic partner, which includes someone who is financially dependent on the employee and shares their household. • A parent-in-law. • A grandparent. • A grandchild. • A sibling. The FMLA also applies to any situation where an employee needs to take time off to care for or bond with a family member who is an armed forces service member, or who is on active duty or has been called up to active duty status. In these cases, the employee must provide the employer with notice of their need for leave within two business days of learning of the family member’s service status. FMLA leave can be taken for any of the following reasons: for the care of a family member with a serious health condition; to bond with a child; for the employee’s own serious health condition; or for any qualifying exigency arising out of the fact that a family member is on active military duty.

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What types of family members are covered by the FMLA?

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