Can I Take FMLA Leave to Care for a Sick Family Member?

When an employee needs to take a significant amount of time off from work and does not have sufficient sick days or paid time off to cover the days away, it may be possible to take unpaid, job-protected leave under the Family and Medical Leave Act (FMLA). The FMLA is a federal law that provides up to 12 weeks of unpaid, job-protected leave for eligible employees who work for covered employers. Often, employees will take FMLA leave during or after a pregnancy, or in order to receive medical care for themselves. Yet the FMLA also allows employees to take this type of leave in other circumstances, as well. You may be wondering: can I take FMLA leave to care for a sick family member?

In a number of situations, it may be possible to take FMLA leave to care for a family member who is seriously ill. Our Palm Beach Gardens FMLA leave lawyers can explain in more detail, and we are here to assist you if you need help exercising your rights under the FMLA.

When FMLA Leave is Permitted 

As we noted above, an eligible employee can take FMLA leave for a variety of reasons. Those reasons include the employee’s need for leave for their own health, as well as to care for others. The US Department of Labor clarifies that an eligible employee may be able to take FMLA leave — which is up to 12 weeks of unpaid, job-protected leave — for any of the following reasons:

• Birth of a child;
• Care for a newborn child within one year of the child’s birth;
• Placement of a child for foster care or adoption within one year of placement;
• Employee’s own serious health condition that prevents the employee from exercising their primary job functions;
• Qualifying exigency related to the employee’s spouse, child, or parent being on covered active duty as a member of the military; and/or
• Care for an employee’s spouse, child, or parent with a serious health condition.

Accordingly, as you can see, it may be possible to take FMLA leave to care for a family member who is a spouse, child, or parent, and who has a serious health condition. In some cases, it may be possible to take up to 26 weeks of FMLA leave in a year if the employee’s spouse, child, or parent has a serious health condition and is a covered servicemember.

What is a Serious Health Condition? 

The FMLA says a serious health condition is “an illness, injury, impairment, or physical or mental condition that involves: 1) inpatient care in a hospital, hospice, or residential medical care facility; or 2) continuing treatment by a health care provider.”

How the Employee is Eligible 

To be eligible to take FMLA leave to care for a spouse, child, or parent with a serious health condition, the employee must be eligible themselves based on their work history, and they must work for a covered employee. Our attorneys can discuss your eligibility with you today.

Contact a Palm Beach Gardens FMLA Attorney 

Do you have questions about taking FMLA leave at your job in South Florida? Or do you need help protecting your rights under the FMLA after experiencing retaliation from your employer? No matter what questions or concerns you have about FMLA leave and your rights as an employee, the experienced Palm Beach Gardens FMLA attorneys at Sconzo Law Office can assist you. Contact us today to find out more about what your options might be for filing a claim and seeking a remedy.

Source:

dol.gov/agencies/whd/fmla