Pennsylvania | Medical Leave
Legal Question
Eligibility
I am the only surving relative of my 96 year old grandmother who is in a nursing home with dementia, kidney failure, a heart condition and is unable to walk. My father was an only child who died when I was seven years old. I now have power of attorney for my grandmother and am her only caregiver. For 1 year, my employer has approved my FMLA absences as FMLA covered without any problems. Now, They have denied the last two absences (after the fact) stating that I must prove "in loco parantis". How can this be? If they approved the earlier absences, then aren't they required to approve these as well? And if not, will having myself named my grandmother's legal guardian fulfill the "in loco parentis" requirement? Thank you for your time.


