Guardian/Grandparent
Child is 14 yrs old, had an accident at age 18mos, grandparent has taken care of child. Grandparent has started back to work and is rising child. Can grandparent claim FMLA for continue medical treatment.
Re: Guardian/Grandparent
Yes. FMLA means "Family Medical Leave of Absence." If the grandmother is legally recognized historically or legally as a guardian/parent of the child, chances are that she also has the right to assure the health, safety and medical treatment for this child and these rights have been extended for the child's health and protection.
If the above situation does apply and this child is in fact, her grandchild, the next step is to review the interpretation of your policy and its definition of "family." If the definition of grandmother is not included, then share this information with her.
If you are concerned about this child's age, by law, she is stilled recognized as a child based on her age of 14 yrs old. The question is whether this is continued medical treatment that had resulted from for her accident at 18-months or other medical circumstances, either way, if this is your concern, you can investigate the need for this leave and request that the grandmother provide a doctor's statement before approving the leave.
