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 "in loco
