Avila & Shaddow Attorneys at Law
Southern California 866-450-4LAW
San Fernando Valley 818-676-9658
Nationwide Toll Free 866-450-4LAW
E-mail icon Se habla español
Main navigation search

Aggressive Protection of Your Rights Under The Law Schedule a Consultation

Who is a qualifying family member under the FMLA?

There comes a time in most California residents' lives where they or a family member are facing an illness. In these cases people often need to rely on family members for their care. During the illness, people often don't have time to go to work in addition to caring for their loved one. They may need a temporary break from work as they concentrate on their health or that if their family member.

The federal family medical leave act provides this break. It allows certain employees to take up to 12 unpaid weeks of leave from their job to care for a qualifying family member. But, who is a qualifying family member?

According to the United States Department of Labor, a qualifying family member is a parent, spouse or child. Under the regulations, a spouse is a person that the employee is legally married to in the state where the employee lives. This can be a common law marriage, same-sex marriage or traditional marriage relationship. The law defines a parent as a foster, adoptive or biological mother or father. Parent "in-law" are not a qualifying family member under the FMLA.

Whether a person is a child of the employee depends on the person's age. If the child is 17-years-old or younger, then a qualifying child is any legal ward, stepchild, biological, foster or adoptive child of the employee. If the child is 18-years-old or older, the child must have a mental of physical disability that renders the child incapable of self-care in order to qualify.

An attorney can help California residents determine if they qualify for relief under the FMLA. They can help to answer specific legal questions, which this blog post cannot answer.

No Comments

Leave a comment
Comment Information
  1. Peer Review Rated For Ethical Standards & Legal Ability | AV PREEMINENT
  2. Consumer Attorneys Association of Los Angeles
  3. Avvo
  4. LACBA, Los Angeles County Bar Association
  5. Super Lawyers
  6. California Employment Lawyers Association

Need Help? Have Questions? Contact our attorneys for immediate assistance

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Southern California
21800 Oxnard Street
Suite 1180 - Penthouse
Woodland Hills, CA 91367

Toll Free: 866-450-4LAW
Phone: 818-676-9658
Fax: 818-337-7265
Map & Directions