Eligible for Leave Policy Term Definition

For the purpose of FMLA, an employee’s spouse, children, and parents are considered next of kin. Spouse is defined in accordance with the applicable State Law including common law marriages when recognized by the State. Unmarried domestic partners do not qualify for family leave. The term ‘parent’ does not include parent “in law.” Persons who have day to day responsibilities to care for and financially support a child or, in the case of an employee, had such responsibility for the employee when the employee was a child are covered by FMLA (loco parentis). In this case, a biological or legal relationship is not necessary. Son or daughter is defined under the FMLA to include a child under 18 years or one who is 18 years or older who is incapable of self-care because of a mental or physical disability. For purposes of confirmation of family relationship, UTMB may require the employee giving notice of the need for leave to provide reasonable documentation or statement of family relationship.

Documentation may take the form of a simple statement from the employee, or a child’s birth certificate, a court document, etc. UTMB is entitled to examine documentation such as birth certificate, etc., but the employee is entitled to the return of the official document submitted for this purpose.