Sec.31-51qq-8. For purposes of an employee qualifying to take FMLA leave for a family member, what may an employer require to confirm a family relationship?

(a) For purposes of confirming that an individual is a spouse, sibling, son, daughter, grandparent, grandchild or parent of the employee, the employer may require the employee giving notice of the need for leave to provide a simple written statement, signed by the employee, verifying that the individual is the employee’s spouse, sibling, son, daughter, grandparent, grandchild or parent.

(b) For purposes of confirming that a person is an individual related to the employee by blood or affinity whose close association is equivalent to the family relationships in subsection (a) of this section and covered as a “family member,” the employer may require a simple written statement, signed by the employee, describing and verifying that (1) the employee considers his or her relationship to the individual to be equivalent to the relationship that one would have with either a spouse, sibling, son, daughter, grandparent, grandchild or parent, and (2) the relationship involves a significant personal bond. An employer determination based on such employee statement shall be situation specific and governed by the circumstances of the individuals involved.

(c) An employer may not require the employee to provide any more information or documentation to confirm a “family member” relationship beyond the signed, written statements permitted in subsections (a) and (b) of this section.

(Adopted effective March 9, 1999; Amended August 3, 2022)