FMLA and childcare for boyfriend's child

[alexa]

Live-in boyfriend of an employee in our PA location will be undergoign substance abuse treatment and will undergo tretament in a facility for the next 30-60 days

Employee was wondering if she can take FMLA leave to care for the boyfriend's child who is in need of daycare while he is in the facility ; she wants to leave 1/2 hour early each day to be able to pick the child up from a daycarecenter

Woudl this answer be differnet if boyfriend was a common-law spouse?

thanks

[mal]

The regulations do refer to anyone who

stands in loco parentis to a child, but

childcare concerns are not an FMLA event...

even if they arise due to illness of a parent.

[Jbentz]

I do not think it qulaifies under FMLA for the exact same reasons. Do you have a policy for an LOA when it is outside of FMLA? Depending on the policy wording, this may qualify.