Can You Use FMLA Leave to Care For Someone Who Raised You?

Maybe it wasn’t your mom or dad who raised you. Perhaps it was an aunt, grandparent, or even a family friend who stepped in when you needed them. Such cases are far more common than you think.  

If that person is now dealing with a serious health condition, you might be wondering if you can take time off work under the Family and Medical Leave Act to care for them.

The short answer is yes, you can. If that person acted as a parent to you when you were a child, the FMLA may protect your right to take leave.

Here’s how this works.

Understanding the FMLA

The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of job-protected leave annually for specified family or medical reasons. That includes:

• Welcoming a new child through birth, adoption, or foster care
• Caring for a spouse, child, or parent with a serious health condition
• Recovering from your own serious medical condition
• Supporting a family member who’s serving in the military

While this leave is generally unpaid, your employer must continue your health insurance during your time away. And when you return, you’re entitled to your job, or one that’s nearly identical.

To qualify for FMLA leave, you must:

• Work for a covered employer
• Have at least 12 months of service (not necessarily consecutive)
• Have worked at least 1,250 hours in the past 12 months
• Be at a worksite with 50 or more employees within a 75-mile radius

How the FMLA Defines a “Parent”

FMLA protections aren’t limited to just biological or legal parents—they also extend to anyone who acted “in loco parentis” during your childhood. That means someone who stepped into a parental role, regardless of official titles or legal documents. This could include:

• An aunt or uncle who raised you
• A grandparent who was your main caregiver
• A parent’s former partner who helped raise you
• Or any adult who consistently took on daily parenting responsibilities

The law understands that families come in many forms. What matters most is the caregiving relationship, not the paperwork.

What Counts As Being "In The Role Of a Parent"?

To be considered “in loco parentis,” someone must have provided day-to-day care or financial support during your childhood. But just being a child isn’t the only factor. You must have been:

• Under the age of 18, or
• 18 or older and unable to care for yourself due to a mental or physical disability

When determining if someone acted as a parent under the law, a few things are taken into account:

• Your age at the time
• How much you relied on that person
• Whether they helped support you financially
• If they performed typical parenting duties, like helping with school, taking you to the doctor, or setting rules

Even if you had a biological parent living in the home, another adult can still count as a parent under the FMLA. The law recognizes that children can have more than two parental figures.

What This May Look Like in Real Life

Here are a few real-world examples of how the FMLA applies when someone has acted as a parent to you:

• Your aunt raised you as if you were her own. Now she’s in the hospital, and you can take FMLA leave to help care for her.
• Your grandfather was your primary caregiver during your childhood. If he develops a serious health condition, you have the right to take time off and support him.
• A close family friend stepped in during a difficult chapter of your childhood, providing daily care and emotional support. If they need help now, the law may protect your time off to return the care they once gave you.

The FMLA recognizes that parenting isn’t just about biology or paperwork; it's also about the emotional and psychological aspects. If someone played the role of a parent, your right to care for them is protected.

What Your Employer Might Ask For

Your employer can request basic documentation to confirm the relationship between you and the person you’re caring for, but it shouldn’t be complicated or intrusive.

In most cases, a simple written statement will do. For example:

“My grandmother raised me from age 5 to 17, and I’m taking FMLA leave to care for her during treatment.”

That’s typically enough. You don’t need to provide court papers, custody agreements, or a detailed family history unless you want to.

One important note: The standard for documenting this kind of relationship is the same whether you’re caring for a biological parent or someone who simply stepped into that role.

What If State Laws Offer More?

Some states go beyond what the federal FMLA provides. You might live in a state where you’re eligible for longer leave, paid family leave, or broader caregiver definitions.

The FMLA sets the minimum standards. That said, you’re allowed to use any protections available under federal, state, or even local laws. Don’t leave benefits on the table just because you didn’t know they existed.

Retaliation Is Illegal

The FMLA is a worker protection law. To put it simply, your employer can’t fire you, demote you, cut your hours, or retaliate in any way just because you exercised your right to take leave.

If your employer retaliates, they’re breaking federal law. And you have every right to take action, starting with consulting experienced employer retaliation attorneys.

Your Rights Have Been Violated, What Next?

If your employer denies your FMLA leave, refuses to recognize someone who raised you, or punishes you for taking time off, you can:

• File a complaint with the Wage and Hour Division of the Department of Labor
• Speak with an experienced employment and labor lawyer about your options
• File a private lawsuit

You shouldn’t have to choose between your job and caring for the person who cared for you.

Need a Free Case Review? Contact Morgan & Morgan

If your FMLA rights were violated or if you’ve been denied time off to care for someone who raised you, the labor and employment attorneys at Morgan & Morgan may be able to fight for you. Get in touch today for a free and confidential, no-obligation case review.

This blog post is based on fact sheets from the U.S. Department of Labor and is for informational purposes only.