Know Your Rights: Protecting Employees Who Stand in “Loco Parentis” Relationships Under FMLA
The Family and Medical Leave Act (FMLA) provides critical protections for employees needing time off to care for family members or for their own medical conditions. A recent decision from the Sixth Circuit Court of Appeals (Anderson v. Nations Lending Corp., No. 22-3465, 6th Cir. Dec. 14, 2022) sheds light on how the FMLA applies to nontraditional family relationships, such as those where an employee assumes parental responsibilities for an adult child.
If your employer denies you FMLA leave or retaliates against you for taking it, you may have a legal claim. Here’s what you need to know:
What Is a “Loco Parentis” Relationship?
Under the FMLA, eligible employees may take leave to care for a son or daughter with a serious health condition. The law doesn’t restrict “son or daughter” to biological or legal relationships. Instead, it includes children for whom an employee stands in loco parentis, meaning they take on day-to-day responsibilities of caregiving or support, even if there is no formal legal or biological tie.
The Sixth Circuit decision clarified that an employee may qualify for FMLA leave to care for an adult child if the employee’s caregiving role meets the in loco parentis standard. This is particularly important for employees helping adult children with disabilities or health conditions.
What the Sixth Circuit Case Means for You
In Anderson v. Nations Lending Corp., an employee was denied FMLA leave to care for his adult stepson with cancer. The employer argued that the employee didn’t qualify for FMLA leave because the stepson was an adult and no longer lived with him. However, the court emphasized that the FMLA’s in loco parentis standard is broad and can include adult children when the employee has significant caregiving responsibilities. The court ruled in favor of the employee, affirming that employers must recognize in loco parentis relationships and cannot arbitrarily deny FMLA leave.
This decision is a powerful reminder that FMLA rights extend beyond traditional family definitions. If you’re standing in a parental role for an adult child—or even someone not biologically related to you—and your employer denies your rights, you may have legal recourse.
Key Protections Under FMLA
• Up to 12 Weeks of Leave: Eligible employees can take up to 12 weeks of unpaid, job-protected leave annually.
• Job Protection: Your employer must reinstate you to the same or an equivalent position after FMLA leave.
• Anti-Retaliation Protections: It is illegal for your employer to retaliate against you for requesting or using FMLA leave.
• Broad Family Definitions: FMLA includes biological, adopted, foster, and stepchildren, as well as those for whom you stand in loco parentis.
What to Do If Your Employer Violates FMLA
If your employer denies your FMLA leave or retaliates against you for taking it, you may be entitled to compensation, including back pay, reinstatement, or additional damages. Violations of FMLA can include:
• Refusing to recognize nontraditional family relationships under in loco parentis.
• Denying FMLA leave despite clear eligibility.
• Retaliating against you for requesting or using FMLA leave.
• Misclassifying employees to avoid granting leave.
Contact WorkRight Law today. At WorkRight Law, we have nearly two decades of experience fighting for employees’ rights. If your employer has denied your FMLA leave or retaliated against you for taking it, we’re here to help. We specialize in cases involving workplace violations, discrimination, retaliation, and harassment.
Don’t let your employer get away with illegal actions. Remember, you have the right to care for your loved ones without fear of retaliation. Let us fight for you to make things right.
Don’t wait—act now to protect your rights. Time is limited for filing claims under FMLA. Call us at (562) 760-8803 to get started.
