What Is Immediate Family?
The term “immediate family” commonly applies to an individual’s closest family members; however, the term has legal meanings for government or company policies. How the term is defined can affect whether a person can use paid or unpaid leave to care for a sick family member, attend a funeral, or access financial resources.
Key Takeaways
- The immediate family usually consists of one’s parents, siblings, spouse, and children.
- The Family and Medical Leave Act (FMLA) defines immediate family as spouse, parents, and dependent children.
- For U.S. immigration purposes, immediate family is limited to one’s spouse, parents, or unmarried children below age 21.
- In estate law, the right of inheritance passes to one’s spouse and surviving children before other relatives.
Criteria for Immediate Family
In general, a person’s immediate family is their smallest family unit. However, companies, organizations, and policymakers may define the term to meet their criteria. Parents, spouses, and minor children are almost always considered immediate family, while siblings may or may not count.
Adoptive parents or children are also considered immediate family, although there is no blood relation. Half-siblings, stepsiblings, and other near relatives may be legally ambiguous. In some cases, a long-term relationship might qualify someone as a member of the immediate family if there are no blood or legal ties. One example of this type of relationship is common-law marriage.
Legal Aspects
- Medical Leave: Companies with 50 or more employees must comply with the federal Family and Medical Leave Act (FMLA). Up to 12 weeks of unpaid, job-protected leave must be given to employees who need to care for a sick member of their immediate family. The act defines “immediate family” as a spouse, parent, or minor child. Notably, it does not mention an adult independent child or a grandparent. It includes adopted and foster children, but in-laws are excluded, even if they live with the employee.
- Bereavement Leave: Federal law does not require a company to give its employees paid bereavement leave when they attend a funeral for a family member. Many companies offer this benefit anyway, but the company can define family members in any way.
- Inheritance: If a person dies without a will, the assets of the deceased are divided according to the laws of intestate succession. These rules vary from state to state, as do the definitions of those family members entitled to make a claim.
- Financial: The Financial Industry Regulatory Authority (FINRA) is responsible for preventing corrupt practices in the financial markets. It prohibits brokers from selling hot issues such as initial public offering (IPO) shares to members of their immediate families.
If there is no identifiable next of kin, a deceased family member’s assets are passed on to the state. Close friends, unmarried partners, and unrecognized children may not be able to inherit even if they believe that the deceased would have wanted it.
Protecting Immediate Family
- Individuals should prepare and secure a will to define who will receive assets after death.
- All financial accounts and insurance policies should identify the beneficiaries of assets.
- Employees should read their company’s employee manual to determine how it defines immediate family, particularly in the Family and Medical Leave Act (FMLA) provision.
How Does Immediate Family Differ From Extended Family?
In contrast to the immediate family, the extended family is a network of individuals with blood or legal ties. This can include aunts, uncles, cousins, grandparents, grandchildren, and married spouses. In some cases, extended family may exercise some rights if the immediate family cannot. If a child loses one parent, the grandparents may be able to exercise some custody rights, such as legal visitation. Extended family members may also be eligible to adopt the children of parents who are deceased or otherwise unable to provide care.
Who Counts As Immediate Family for a Green Card?
A U.S. citizen can petition for members of their immediate family to receive permanent resident (“green card”) status. For these purposes, the immediate family is defined as one’s spouse, a child who is unmarried and less than 21 years old, or a parent (if the applying citizen is over 21 years old). Older children, married children, siblings, half-siblings, and adoptive siblings are also eligible, although they may face longer wait times.
What Counts As Immediate Family for Asylum Claims?
People with asylum or refugee status may petition for members of their immediate family to be given green card status. Under U.S. law, “immediate family” only includes the spouse, parent, or child of the person making the application. A “child” is considered younger than age 21 and unmarried.
The Bottom Line
Immediate family is a term for members of a person’s family unit, including spouse and children, parents and siblings. However, the exact definitions of one’s immediate family may vary depending on the context. Companies often define immediate family for benefits and leave.
