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FMLA leave to care for a grandparent

Summary WHD responded to a request to extend FMLA care leave to grandparents and other dependent relatives. It said the Act covered care for a spouse, child, or parent, including someone who had stood in loco parentis, but did not separately cover a grandparent solely because of that relationship. Broader coverage would require a change in the law.
Document
Federal opinion letter
Agency
U.S. Department of Labor, Wage and Hour Division (WHD)
Document number
FMLA-21
Date issued
December 7, 1993
Status
Active
Status last verified October 12, 2026
Topics

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About this page: The full text below is the official document from U.S. Department of Labor, Wage and Hour Division (WHD). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.

U.S. Department of Labor
Employment Standards Administration
Wage and Hour Division
Washington, D.C. 20210

December 7, 1993
FMLA-21

Dear Name*,

This is in response to your letter to Lynn Martin, former Secretary of Labor. I am answering on behalf of the current Secretary of Labor, Robert Reich.

In your letter, you express the view that the Family and Medical Leave Act (FMLA) should cover you or other employees who wish to care for grandparents with serious health conditions as well as others who are not parents, children or spouses but may be dependent on an employee.

Your efforts to assure care for your grandmother and similarly situated persons via FMLA is understood and appreciated. However, the Congress did not provide FMLA coverage for employees caring for persons other than a biological parent or someone who is in loco parentis, in addition to a spouse or child. Accordingly, any change in the law to broaden coverage in the way you suggest would require action by Congress.

Thank you for writing and sharing your views on these matters.

Sincerely,

J. Dean Speer Director, Division of Policy and Analysis

  • Note: The actual name(s) was removed to preserve privacy in accordance with 5 U.S.C. 552 (b)(7).

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