Legal Question in Medical Leave in Illinois

I live in Illinois. I have an elderly mother-in-law that lives with us. My husband does not get paid leave of any kind from his work and makes more money than me. I have some paid leave availbale. If I took unpaid leave, it would harm our family less. I requested FMLA from my employer to care for her intermittantly, and was told that it was NOT covered since my mother-in-law was not considered an immediate family member. I disagree...she lives in our home....how more immediate can you get?? If I am able to use FMLA to protect my position....where can I get litterature to use to defend my position?? I have treid DOL website, and nothing specifies wether mother-in-law counts or not.

Asked on 10/26/09, 3:54 pm

1 Answer from Attorneys

Alisa Arnoff Scalambrino & Arnoff, LLP
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0 attorneys agreed

The regulations specifically exclude "parents-in-law" from coverage. See section 825.122 9b). Your employer is, unfortunately, correct.

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11/06/09, 1:25 pm

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