Can I take FMLA leave for a family member's illness?
Yes, you can take FMLA leave for a family member’s illness. The Family Medical Leave Act, or FMLA, is a federal law that provides employees of certain companies the right to take up to 12 weeks of unpaid leave each year for qualifying family and medical reasons. In California, this includes taking leave to care for a family member who is suffering from a serious health condition. A “serious health condition” is defined as an illness, injury, or impairment that involves either inpatient care or continuing treatment by a health care provider. This could include illnesses such as cancer, diabetes, serious infections, or other chronic conditions that prevent a family member from getting the care he or she needs without assistance from a family member. In order to take FMLA leave for a family member’s illness, the employee must provide his or her employer with appropriate medical certification. This certification must come from the family member’s health care provider and must describe the nature of the condition, its duration, and the expected treatment. The employer can also require that the employee provide periodic updates on the family member’s condition. It is important to remember that taking FMLA leave is an unpaid leave, although employees may choose to use any existing accrued paid time off during their leave. Additionally, an employee who takes FMLA leave is protected from any adverse action taken by his or her employer because of the leave.
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