Can I take FMLA leave for a family member's illness?

Yes, you can take FMLA leave for a family member’s illness in New York. The Family and Medical Leave Act (FMLA) is a federal law that provides unpaid, job-protected leave to eligible employees of covered employers for up to 12 weeks of leave in a 12-month period due to their own serious health condition, to care for a family member with a serious health condition, or for certain other reasons. A family member includes a spouse, child, or parent (including a parent of a child of the employee who is an adult). In New York, the New York State Paid Family Leave (PFL) Law provides paid leave related to family care for employees. This law may be used to care for a family member with a serious health condition. For more information on PFL, please visit the New York State Department of Financial Services’ website. Employers must comply with both the federal FMLA and the New York State PFL, so if you meet the requirements, you may be eligible to use both for the same leave. Before taking FMLA leave for a family member’s illness, make sure to read the eligibility requirements and understand your rights and obligations under the law. If you are not sure whether you are eligible, you should consult with an attorney.

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