Certified Leave Management Specialist (CLMS) Certification Practice Test

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Question: 1 / 245

Does an employee need to have a biological relationship or legal responsibility for a child to take FMLA leave?

Yes

No

An employee does not need to have a biological relationship or legal responsibility for a child to take Family and Medical Leave Act (FMLA) leave. Under the FMLA, the definition of a "son or daughter" is inclusive of individuals who may have a psychological or emotional bond with the employee, even if there is no biological or legal relationship. This means that an employee can take FMLA leave to care for a child for whom they are acting as a caretaker, regardless of formal legal guardianship or biological ties.

The focus of the leave provision is on the caregiving role rather than strictly on biological or legal connections, thereby allowing greater flexibility for those in a caregiving position, be it as a foster parent, step-parent, or another type of caretaker. This broader understanding supports the Act's purpose of ensuring that employees can take necessary time off to care for loved ones in various contexts.

Only for serious health conditions

Only for caretakers

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