If my sister-in-law died after giving birth to my niece, would I be eligible for FMLA leave to take care of the newborn baby?

The baby’s father, my brother, is still alive, but he needs assistance with care for the child.

Asked on August 3, 2015 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, no: the Family and Medical Leave Act leave can be used to "care for the employee's spouse, child, or parent who has a serious health condition," or to take care of your own child after birth, but not to care for a newborn neice or nephew. Your employer could choose to let you take leave for this purpose, but they are not required to give you leave.


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