FMLA didn’t entitle employee to leave to care for sick sister’s healthy kids

Even though the employee alleged that he stood in loco parentis to his niece and nephew, and that his sister was seriously ill sister, he did not and could not allege any entitlement to FMLA leave in these circumstances.  An employee who requested FMLA to care for his niece and nephew due to his sister’s serious medical condition, and was subsequently denied a promotion and terminated, failed plausibly to allege claims of FMLA interference and retaliation. Granting the employer’s motion to dismiss and denying his motion to amend his pleadings, a federal court in Ohio ruled that he could not make the requisite showing that he sought leave for a FMLA-qualifying reason since, although he alleged that he stood in loco parentis to the minor children, he did not claim that the children were experiencing a "serious health condition" that required his care (Brede v. Apple Computer Inc., January 23, 2020