February 19, 2025
The 6th U.S. Circuit Court of Appeals, which includes Michigan, recently ruled that an employee can stand “in loco parentis” to, and take Family and Medical Leave Act (FMLA) time off, in order to care for an adult sibling when the employee assumes obligations of a parental nature.
In June 2019, the plaintiff used her allotted paid time off to take care of her adult sister who was battling terminal cancer. This care involved financial support, attending to her sister’s medical needs, cooking her meals, helping her use the bathroom, brushing her hair and teeth, and taking care of her apartment.
When the plaintiff requested FMLA leave, the employer denied the request, claiming that the FMLA did not cover leave to take care of siblings. The plaintiff sued her employer, alleging that her employer interfered with her FMLA rights.
The district court granted summary judgment in favor of the employer on the FMLA claim. The district court determined that the plaintiff could not stand in loco parentis to her adult sibling because neither the parent-child relationship nor the incapacitating disability began before the “child” (her sibling) turned 18.
On appeal, the 6th Circuit determined that the “child” in the in loco parentis relationship does not need to be a minor at the time the relationship forms, develop a debilitating condition as a minor, nor develop that condition before the relationship forms. Therefore, the court reasoned, the in loco parentis relationship can form between adult siblings.
The 6th Circuit identified a nonexhaustive list of factors to consider in determining whether a person intended to assume parental status over another adult, including 1) physical proximity to the adult child, 2) the assumption of responsibility to support them, 3) the exercise of control over them, and 4) whether there is a close emotional or familial bond with them, akin to that of an adult child.
If you have any questions about this or any other employment law matter, please contact Dean Leazenby at (574) 294-7491 or dleazenby@warrickandboyn.com.