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Delta-Lawyer
Delta-Lawyer, Lawyer
Category: Employment Law
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Experience:  In-House Counsel & Litigator
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My aunt has assigned me in a living will as her power of

Customer Question

Hello, my aunt has assigned me in a living will as her power of attorney and health care surrogate. Is this role covered under FMLA and/or intermittent FMLA. If so what forms need to filled out, thx- Jim
Submitted: 11 months ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 11 months ago.

I hope this message finds you well and I commend you for your work for you aunt. I am a licensed attorney with over a decade of employment law and FMLA experience. It is a pleasure to assist you today.

FMLA covers taking care of the following:

Spouse: Spouse means a husband or wife as defined or recognized in the state where the individual was married and includes individuals in a same-sex marriage or common law marriage. Spouse also includes a husband or wife in a marriage that was validly entered into outside of the United States if the marriage could have been entered into in at least one state.

Parent: Parent means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a child. This term does not include parents “in law.”

Son or Daughter: Son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and “incapable of self-care because of a mental or physical disability” at the time that FMLA leave is to commence.

In Loco Parentis: The FMLA regulations define in loco parentis as including those with day-to-day responsibilities to care for or financially support a child. Employees who have no biological or legal relationship with a child may, nonetheless, stand in loco parentis to the child and be entitled to FMLA leave. Similarly, an employee may take leave to care for someone who, although having no legal or biological relationship to the employee when the employee was a child, stood in loco parentis to the employee when the employee was a child, even if they have no legal or biological relationship.

This work for you aunt would not qualify under FMLA, unfortunately under the US Department of Labor guidelines and laws.

Let me know if you have any other questions or comments.

Please also rate my answer positively (three or more stars) so I can receive credit for my work.

Best wishes going forward!

Expert:  Delta-Lawyer replied 11 months ago.

Just checking to see if you have any other questions or comments. I want to make sure you are as comfortable as possible moving forward!

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