Family Support – Dept. of Labor Clarifies that Siblings May Be Eligible for FMLA

The Department of Labor has clarified when siblings may be eligible to take job-protected leave under the Family and Medical Leave Act (FMLA).  For the first time, the Department has included siblings among those eligible for FMLA job-protected leave under certain circumstances.  The Arc joined other disability advocates last year in advocating for the eligibility clarification.  The Arc is pleased with this change in interpretation of the law, but will continue to seek a full legislative fix to ensure that siblings are covered under FMLA. See the updated guidance documents:

  • Fact Sheet #28B: FMLA leave for birth, placement, bonding, or to care for a child with a serious health condition on the basis of an “in loco parentis” relationship.
  • FAQ:  Miscellaneous Questions
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