Sixth Circuit Extends FMLA Leave to Cover Care for Adult Siblings

The Sixth Circuit recently decided that an individual was eligible for FMLA leave based on a need to care for an adult sibling struggling with cancer.  After exhausting paid leave, the plaintiff's employer denied her request for FMLA leave because FMLA leave does not technically cover caring for an adult sibling.  On appeal, the Sixth Circuit found that an "in loco parentis" relationship could exist between adult siblings.  The argument here is that the employee was caring for her sibling in the way that a parent would care for a child.  The court found that a person could intend to assume parental status over another adult, and the factors to consider are whether the person (1) is in close physical proximity to the adult, (2) assumes responsibility for supporting the adult, (3) exercises control over the adult or has rights over them and (4) shares a close emotional or familial bond (similar to that of an adult child).  While the case is limited to the Sixth Circuit, it makes clear that employers should carefully consider the facts before denying a request for FMLA leave.  For more information on the rules governing FMLA leave, visit Tax Facts Online. Read More: Link to Q3640.03.  Note: Q is updated.