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self employed family leave--Grandchild!!

I took time off from self employment to take care of my grandchild so that my daughter could work.  I qualify for the self employed family leave credit (school closed, ....) except no where does it define "child".  I do not otherwise support my child or grandchild.  I just helped out because I could take time off and she could not.   If child includes grandchild, I can take it.  If not, then I can't.  Most places in the tax law, child includes grandchild but I could not find any info dealing specifically w the self -employed family leave credit.  thoughts please.

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DMarkM1
Expert Alumni

self employed family leave--Grandchild!!

It appears the child would not qualify you for the paid family leave (same rules apply to self-employed).  Below is an extract from the Department of Labor FAQ on the Families First Coronavirus Relief Act. 

 

 

Who is a son or daughter?

Under the FFCRA, a “son or daughter” is your own child, which includes your biological, adopted, or foster child, your stepchild, a legal ward, or a child for whom you are standing in loco parentis—someone with day-to-day responsibilities to care for or financially support a child. In light of Congressional direction to interpret definitions consistently, WHD clarifies that under the FFCRA a “son or daughter” is also an adult son or daughter (i.e., one who is 18 years of age or older), who (1) has a mental or physical disability, and (2) is incapable of self-care because of that disability

  1. May I take paid sick leave to care for a child other than my child?

    It depends. The paid sick leave that is provided under the FFCRA to care for one (or more) of your children when their place of care is closed (or child care provider is unavailable), due to COVID-19 related reasons, may only be taken to care for your own “son or daughter.” 

    However, paid sick leave is also available to care for an individual who is subject to a Federal, State, or local quarantine or isolation order related to COVID-19 or has been advised by a health care provider to self-quarantine due to concerns related to COVID-19. If you have a need to care for a child who meets these criteria, you may take paid sick leave if you are unable to work or telework as a result of providing care. But in no event may your total paid sick leave exceed two weeks.

  2. May I take expanded family and medical leave to care for a child other than my child?

    No. Expanded family and medical leave is only available to care for your own “son or daughter.” 

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4 Replies
DMarkM1
Expert Alumni

self employed family leave--Grandchild!!

It appears the child would not qualify you for the paid family leave (same rules apply to self-employed).  Below is an extract from the Department of Labor FAQ on the Families First Coronavirus Relief Act. 

 

 

Who is a son or daughter?

Under the FFCRA, a “son or daughter” is your own child, which includes your biological, adopted, or foster child, your stepchild, a legal ward, or a child for whom you are standing in loco parentis—someone with day-to-day responsibilities to care for or financially support a child. In light of Congressional direction to interpret definitions consistently, WHD clarifies that under the FFCRA a “son or daughter” is also an adult son or daughter (i.e., one who is 18 years of age or older), who (1) has a mental or physical disability, and (2) is incapable of self-care because of that disability

  1. May I take paid sick leave to care for a child other than my child?

    It depends. The paid sick leave that is provided under the FFCRA to care for one (or more) of your children when their place of care is closed (or child care provider is unavailable), due to COVID-19 related reasons, may only be taken to care for your own “son or daughter.” 

    However, paid sick leave is also available to care for an individual who is subject to a Federal, State, or local quarantine or isolation order related to COVID-19 or has been advised by a health care provider to self-quarantine due to concerns related to COVID-19. If you have a need to care for a child who meets these criteria, you may take paid sick leave if you are unable to work or telework as a result of providing care. But in no event may your total paid sick leave exceed two weeks.

  2. May I take expanded family and medical leave to care for a child other than my child?

    No. Expanded family and medical leave is only available to care for your own “son or daughter.” 

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

self employed family leave--Grandchild!!

Thank you---Totally clear and unambiguous--(Unfortunately)  🙂

srplatter
New Member

self employed family leave--Grandchild!!

Can I take the credit if my daughter and her children lived with me until September 26th and she worked while I watched the kids but she claimed them as her dependents and she was not charged for rent or utilities?

Carl
Level 15

self employed family leave--Grandchild!!

Unfortunately, no, as the child is not your dependent. A dependent can only be claimed on one tax return. The biological parents have dibs on that, and the biological parent of the child has already claimed them.

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