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View Diary: What a ScAlito Court Would Mean to Me (219 comments)

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  •  The Definition of Family Member is in the Law (none)
    Look, I taught this stuff to managers and supervisors for over 10 years.  The law is specific, a family member is defined as a spouse, parent or child under the age of 18.  The only addtition to this is in cases where a child of over 18 is not mentally competent.  

    If McJoan's HR folks determined that her sister is a dependent, and she (mcJoan) is eligible under FMLA for leave to provide care, good for her.  But I don't want folks to think that that is the law, it isn't.

    •  Yes, the law is specific, but (none)
      not as you specify it.

      The Act specifies, via an explicit selective list, which family member's medical situations count for an employee to invoke the FMLA leave benefit, but it neither defines nor redefines "family" or "immediate family."

      Your claim that "a family member is defined as a spouse, parent or child under the age of 18" is simply incorrect, as there is no such defining language anywhere in the Act.  

      The only addtition to this is in cases where a child of over 18 is not mentally competent.

      Sec. 825.113  
      ...
          (c) Son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco
      parentis, who is either under age 18, or age 18 or older and ``incapable of self-care because of a mental or physical disability.''
          (1) ``Incapable of self-care'' means that the individual requires active assistance or supervision to provide daily self-care in three or
      more of the ``activities of daily living'' (ADLs) or ``instrumental activities of daily living'' (IADLs). Activities of daily living include
      adaptive activities such as caring appropriately for one's grooming and hygiene, bathing, dressing and eating. Instrumental activities of daily
      living include cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.
          (2) ``Physical or mental disability'' means a physical or mental impairment that substantially limits one or more of the major life activities of an individual. Regulations at 29 CFR Sec. 1630.2(h), (i), and (j), issued by the Equal Employment Opportunity Commission under the
      Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., define these terms.


      The problem with the French is that they don't have a word for entrepreneur. -- GW Bush to PM Tony Blair Snopes "debunk": Not Persuasive

      by PJBurke on Thu Nov 03, 2005 at 10:11:19 PM PST

      [ Parent ]

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