An employee requesting FMLA leave in these situations does not need to prove both day-to-day care and financial responsibility, but may simply state he or she has an in loco parentis relationship with the child. An employer may ask the employee for reasonable documentation or a statement of the relationship.

An employer may require an employee to provide reasonable documentation or a statement of the family relationship. Employers should keep in mind that a simple statement asserting that the requisite family relationship exists is all that is needed for in loco parentis situations where there is no legal or biological relationship.

The regulations require employers to rely on a written statement from the employee affirming an in loco parentis relationship, but that presumes that both employer and employee understand that the person standing in loco parentis intends to assume the role of parent in place of the child’s biological or legal parent and to provide day-to-day care and financial support of the child.