In loco parentis means acting in the place of a parent, but the legal test depends on the law being applied. For FMLA, a person who assumes parental responsibilities may qualify even without adoption or a biological relationship. Occasional babysitting or financial help does not automatically establish the relationship. [1]
Rules that determine the answer
DOL’s FMLA interpretation looks at the intent to assume parental status and the actual care or support provided. Relevant factors include the child’s age, dependence, support, and ordinary parental duties. A person who raised the employee may qualify as a parent for FMLA even when that person is a grandparent. School authority, legal custody, and tax dependency require their own rules. [2]
An employer may seek reasonable documentation or a statement of the family relationship under FMLA rules. A simple factual explanation can be more useful than asserting that a relative “counts as a parent” without describing the history. The presence of a biological parent does not, by itself, eliminate another genuine parental relationship. [1] [2]
What to check before taking the next step
- Identify the particular right sought: leave, educational decision-making, custody, or a tax benefit.
- For FMLA, describe the daily care, financial support, and assumed parental responsibilities.
- If leave is requested to care for an adult child, separately evaluate the adult-child disability and self-care requirements.
- Do not use a workplace relationship statement as a substitute for a court order or tax eligibility analysis.
Practical example
An aunt raises a child after the parents’ death and manages the child’s care. That can support an FMLA parental relationship even without formal adoption; watching the child for one vacation ordinarily would not.
For related situations, see FMLA care for grandparents and Social Security for grandchildren in your care.
Primary sources
Sources checked: October 31, 2026.