FMLA for the Care of a Family Member

An eligible employee may request FMLA if they require leave to care for a family member who has a serious health condition.

Serious Health Condition

A serious health condition is defined as any illness, injury, impairment, or physical or mental condition that involves:

  • any incapacity or treatment connected with inpatient care
  • a period of incapacity of more than three calendar days and continuing treatment by a health care provider
  • continuing treatment by a health care provider for a chronic or long- term condition that is incurable or so serious that if untreated would likely result in incapacity of more than three days
  • for prenatal care

Family Members

Federal Family Leave

  • Spouse - as defined in the statute, means a husband or wife. For purposes of this definition, husband or wife refers to the other person with whom an individual entered into marriage as defined or recognized under state law for purposes of marriage in the State in which the marriage was entered into or, in the case of a marriage entered into outside of any State, if the marriage is valid in the place where entered into and could have been entered into in at least one State. This definition includes an individual in a same-sex or common law marriage that either:
    1. Was entered into in a State that recognizes such marriages; or
    2. If entered into outside of any State, is valid in the place where entered into and could have been entered into in at least one State.
  • Parent – defined as a biological, adoptive, step or foster father or mother, or any other individual who stood “in loco parentis” (stood in place of a parent) for you. This term does not include parents in law.
  • Son or daughter – defined as 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 defined by the Americans with Disabilities Act (ADA)” at the time that FMLA leave is to commence.

D.C. Family Leave

  • A person related by blood, legal custody, or marriage
  • Foster child
  • Child who lives with you and for whom you permanently assume and discharge parental responsibility. Leave can be taken for children up to age 21, individuals over age 21 who are incapable of caring for themselves, and individuals up to age 23 who are full-time individuals at an accredited college or university
  • A person with whom you share or have shared, within the last year, a mutual residence and with whom you maintain a committed relationship.

Coordination with Paid Time Off

During your leave, you may elect to use applicable accrued annual, sick or other paid time off to the extent permitted under university HR policy, or take the leave unpaid. Any annual, sick or other paid time off you elect to use while on approved FMLA will run concurrently with the FMLA entitlement.