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Employment Law/FMLA eligibility



My 34 year old daughter broke her neck in 2 places and is restricted in her movement and has several MD appts in the nest month-she is staying with me due to her restrictions in movement.

Her husband is working due to the fact that they have no insurance,and face some medical bills.My place of employment says I do not qualify for FMLA because she is married-they say I can  take leave of absence but that does not hold my job. What are rights if any?


Dear Beth - The Family and Medical Leave Act allows parents to take a leave for children under 18, or over 18 if they are unable to care for themselves because of a physical or mental disability.  Nothing I've seen says the husband has to take leave for his wife, rather than a mother for her child.  If they continue to give you this line, I would contact the local office of the federal Department of Labor and ask for their assistance in getting your leave approved.

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Margaret M. deMarteleire


I can answer most questions about employment law, federal or state. I am an attorney, not an HR professional, so questions about HR careers, coursework, prospects, etc. are not within my scope.


Attorney for 20 years, currently working exclusively with employment law - FLSA, FMLA, federal contracts, pay, etc.

Temple University School of Liberal Arts, BA, Rhetoric & Communication, 1982 Temple University School of Law, JD, 1990 Certificate in HR, Cornell University ILR School, 2006

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