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Jul15

FMLA clarification

My question: Does FMLA cover a sibling situation where they are the only relative member over 500 miles? One sibling gets sick and the other is living with and caring for them.

No, FMLA does not cover this situation, with one notable exception. FMLA is very specific that an employee can take time off to care for a member of the immediate family with a serious health condition. The FMLA defines immediate family as spouse, parent, and son or daughter (under the age of 18.) FMLA does not cover siblings, even if the employee is the siblings only living relative on the planet.

The notable exception is if the sibling is a member of the active military, including the armed forces, National Guard or Reserve. When a soldier is injured on active duty, his or her next of kin can take up to 26 weeks of unpaid FMLA to care for the soldier. But if the sibling is not a soldier, this does not apply.

A few states have family leave laws that might permit leave to care for a non-military siblings.

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This entry was posted on Thursday, July 15th, 2010 at 7:20 am and is filed under
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