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FMLA for Family Member

An employee is on FMLA (Intermittent) for a family member. Does the family member not having anyone to stay with them qualify for FMLA leave?

The federal Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take up to 12 workweeks of unpaid job protected leave in a 12-month for specified family and medical reasons. A qualified reason includes to care for the employee’s spouse, son, daughter, or parent who has a serious health condition.

An employee must be needed to provide care for his or her spouse, son, daughter, or parent because of the family member’s serious health condition in order for the employee to be qualified for FMLA leave. An employee may be needed to provide care to the family member when the family member is unable to care for his or her own medical, safety or other needs because of the serious health condition or needs help in being transported to the doctor. Furthermore, an employee may be eligible for FMLA leave to provide psychological comfort and reassurance to the family member with a serious health condition.

The FMLA defines serious health condition broadly to include any illness, injury, impairment, or physical or mental condition that involves either inpatient care or continuing treatment by a health care provider.

Thus, intermittent leave may be taken when medically necessary to care for a seriously ill family member provided the family member meets the criteria for a serious health condition. An employer may request that medical certification be submitted by the healthcare provider of the covered family member.

This entry was posted on Tuesday, September 8th, 2015 at 8:47 pm and is filed under
Labor Laws.
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