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FMLA: How can we be sure employee must care for her grandchild?

by on
in FMLA Guidelines,Human Resources

Q. One of our employees just took emergency custody of her grandchild after her son and daughter-in-law were arrested for child abuse. She now wants to take FMLA leave to get the child settled in and have family counseling. What kind of proof must we accept that she really has legal custody?

A. An employer may require documentation of an in loco parentis relationship in the same manner as it could do for a biological, adoptive, foster or stepparent. Such documentation may take the form of a simple statement asserting the relationship.

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