For ordinary family-care leave under the federal Family and Medical Leave Act, the covered relationships are a spouse, parent, or qualifying son or daughter. A close personal relationship alone is insufficient. The employee must also satisfy FMLA eligibility rules and have a qualifying reason for leave. Military family leave has additional relationship rules. [1]
Spouse and parent
A spouse includes a marriage recognized under the law where it was entered into, including a qualifying same-sex or common-law marriage. A foreign marriage qualifies if it was valid where celebrated and could have been entered into in at least one state. An unmarried partner is not automatically a spouse. [1]
A parent includes biological, adoptive, step, and foster parents, plus a person who acted as the employee’s parent during childhood. Parents-in-law are excluded from the ordinary definition. A grandparent or another relative may qualify when that person actually stood in the role of a parent, rather than merely being a relative. [1]
Children and adult children
A child can be biological, adopted, foster, a stepchild, a legal ward, or a child for whom the employee acts as a parent. For ordinary care leave, a child under 18 must have a serious health condition for which the employee is needed to provide care. [1]
For a child age 18 or older, four conditions must be met: a disability, inability to perform self-care because of that disability, a serious health condition, and a need for the employee’s care because of that condition. The disability need not have begun before age 18. A diagnosis alone does not establish every requirement. [2]
Acting as a parent without legal custody
An in loco parentis relationship can arise from day-to-day parental responsibilities or financial support. Legal adoption and biological ties are unnecessary. More than two people can stand in parental roles for the same child. Reasonable relationship documentation can be a simple statement describing the relationship. [3]
For example, an employee raising a nephew may qualify to care for him during a serious illness. Occasional babysitting alone does not establish that parental role. Review these examples of in loco parentis relationships and distinguish medical care from ordinary childcare and FMLA bonding leave.
Military exigency leave can involve an adult child without the ordinary age restriction. Military caregiver leave may also cover a qualifying next of kin. Check that specific category before applying the ordinary family-care definition. State leave laws and employer benefits may protect additional relationships. [1][3]
Primary sources
- Department of Labor Fact Sheet 28F, qualifying reasons and family relationships
- Department of Labor, FMLA questions and answers on caring for an adult child
- Department of Labor Fact Sheet 28B, in loco parentis relationships and documentation
Sources checked: October 31, 2026.