Increasingly, state paid family leave programs are recognizing the ongoing transformation of the make-up of families. As a result, the definition of family member has become broader out of a need to provide benefits to those caring for “chosen family” who may not be related by blood or law. Some states have offered assistance in understanding this extended family member definition by providing examples in their public education or by adding clarifications to their regulations or rule making.

When an employee files a claim for the care of a family member, some states will have the claims administrator request an attestation from the employee that the employee has a relationship equivalent to family member. Other states outline circumstances to help define family members such as those who cohabitate, have shared personal financial responsibility, beneficiary designations, expectation of care, emergency contact designation, or any other factor that demonstrates the existence of a family-like relationship.

As an aside, a review of the relationship must take into account the totality of the circumstances. For more state-specific help defining the “affinity” relationship, start with the state website for information and links to additional resources.

Employers should always consult their legal counsel to ensure their practices are compliant under the law as well.