Judge Rachel Bloomekatz, who was nominated by President Biden to the Sixth Circuit Court of Appeals, wrote a unanimous opinion holding that protections under the Family Medical and Leave Act (FMLA) can apply to employees who provide intensive “in loco parentis” care to adult siblings. The ruling, described as a “landmark decision,” was joined by conservative George W Bush nominee Raymond Kethledge as well as Clinton nominee Karen Nelson Moore. The December 2024 decision was in Chapman v Brentlinger Enterprises.
What happened in this case?
Celestia Chapman has worked as a finance manager at the Midwestern Auto Group (MAG), a car dealership in Columbus, Ohio. She requested unpaid time off under FMLA to care for her sister, who was dying of cancer. MAG refused, and Chapman went ahead anyway to be her sister’s primary caregiver as she was dying, including cooking meals and hand feeding her, helping her “use the bathroom” and cleaning her up as needed, brushing her hair and teeth, administering medications and “hot-and-cold packs,” “shifting her around in bed to prevent bed sores,” and providing “emotional support.”
After Chapman used up other leave, she continued to care for her sister and had to take time off from work, and MAG fired her. Then it “lied and told workers’ compensation authorities she had quit.” Although MAG threatened legal sanctions against her, she filed suit under FMLA.
The trial court rejected Chapman’s FMLA claims, based primarily on the fact that siblings “are not on the list” of relatives (like parents and children) specified by the statute. Chapman appealed to the Third Circuit.
How did Judge Bloomekatz and the Third Circuit rule and why is it important?
Judge Bloomekatz carefully reviewed the record in the case, the text and history of the FMLA, and past precedent on the FMLA and related subjects. She noted that although the text of the FMLA does not specifically mention sibling relationships, it does state that it can apply when an employee acts “in loco parentis’ – ‘literally, in the place of a parent – to a dependent person.” She concluded that such a relationship could form and be subject to FMLA between adult siblings, and listed a number of factors that the district court should consider in this case. These included “direct evidence of how the two adults regard one another,” whether the employee is “in close physical proximity” to the sick person, whether she “assumes responsibility to support them” and “exercises control” over key functions, and whether there is a “close emotional or familial bond.” The court reversed the district court’s judgment on FMLA and sent the case back for reconsideration based on these factors.
Judge Bloomekatz’s opinion is obviously important to Celestia Chapman, as well as many other workers with comparable relationships who seek protection under the FMLA. The decision is one of the first nationwide on this issue, so may have impact across the country. In addition, it serves as a reminder of the importance of confirming fair-minded judges to our federal courts.