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ARTICLE · 09 MARCH 2022

Question Corner (8 February 2022)

Parsons Behle & Latimer
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An employee will need time off to attend out-of-state court hearings to request custody of her granddaughter.

United StatesEmployment and HR
Jason R. Mau
Jason R. Mau

Leave to Seek Custody

Q.       An employee will need time off to attend out-of-state court hearings to request custody of her granddaughter. Would her leave fall under Family and Medical Leave Act (FMLA) protection?

A.       FMLA protection exists to balance the needs of the workforce and productivity in the workplace, allowing for stability in a position when a worker needs to respond to a family emergency. This protection is limited to reasonable unpaid leave for medical reasons, birth or adoption of a child, and for the care of a child, spouse, or parent for a serious health condition. Protections also exist for related purposes for servicemembers.

The regulations related to FMLA leave for the birth or adoption of a child generally entitles leave to all eligible employees for "placement with the employee of a son or daughter for adoption or foster care." The definition of a child does not include a grandchild but does include a child of a person standing

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