Family Leave Won’t Cover Taking Care of In-Law

Q: Shortly after clearing a probationary period at a new job, I learned that I will have to be out of the country to care for my mother-in-law, who is having surgery. The doctor performing the surgery will provide a letter for my employer.

Am I covered by any laws, such as family leave acts, that might protect me from being terminated?

Our company handbook states that either the employer or employee can terminate employment at will.

--D.P., Los Angeles

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A: Neither the state nor federal family-leave laws cover the in-law relationship you have described. They extend only to parents, children or the spouse of the employee requesting the leave.

However, if your employer has a policy or a practice of extending leaves under the circumstances that you have described, you have an argument that you are also entitled to such a leave.

I suggest you review the employee handbook and ask the personnel department what the company’s practice has been.

In the absence of such a policy or practice, however, the leave laws would not protect you from termination.

--Diane J. Crumpacker

Management law attorney

Fried, Bird & Crumpacker

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