Baltimore, MD asked in Employment Law for Maryland

Q: I live in Maryland and I have a brother with a severe drug addiction (currently in his 9th rehab). Can I use FMLA?

I’m the only one in my family who is willing and able to take care of him

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1 Lawyer Answer
Rhiannon Herbert
Rhiannon Herbert

A: FMLA leave can typically only be used to care for another person if that person is your parent, child, or spouse. However, if you would be assuming day-to-day responsibility for the care of your brother, you may be entitled to FMLA leave based on an "in loco parentis" relationship. Such a relationship exists if you assume guardianship responsibility for a person over 18 if the person is incapable of self-care because of a mental or physical disability. Whether your situation would fall under this category is a very fact-specific question dependent upon all the surrounding circumstances.

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