Kinship guardian status is protected under FMLA and NJFLA.

The plaintiff sued her former employer, alleging violations of the FMLA and the NJFLA, relating to her leave of absence to become the kinship guardian for her nephew’s son. The defendants sought to dismiss the claim based upon the argument that the leave was not protected by either statute. In rejecting the defendants’ arguments, the judge concluded that both statutes had expansive definitions of who qualifies as a child and, therefore, becoming a kinship guardian was protected under both statutes.

Case Law Alerts, 3rd Quarter, July 2014