Can I take FMLA leave for a family member's injury, illness, or disability?

Yes, it is possible to take FMLA leave for a family member’s injury, illness, or disability in California. The federal Family and Medical Leave Act (FMLA) gives eligible employees the right to take up to 12 weeks of unpaid, job-protected leave in certain situations. These include caring for a family member with a serious health condition, a serious injury, or a disability. In California, FMLA leave may be taken to care for a family member’s disability or chronic serious health condition, including mental illness and physical disability. FMLA regulations define a “family member” as a child, parent, spouse, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship. Employers in California must also provide eligible employees with FMLA leave to care for a service member family member. This includes a spouse, parent, son, daughter, or next of kin of a service member and a service member who is in need of medical treatment, recuperation, or therapy, and any other “qualifying exigency” related to the active duty or call to active duty of a service member. FMLA leave is also available to employees in California to care for an adult child with a serious health condition who is over 18 and unable to care for themselves. In order for an employee to take FMLA leave for this purpose, the child must be in the care of the employee. Employees should consult their employers to determine the specific regulations related to FMLA leave in California. All eligible employees in California should also be aware of their rights and responsibilities under the FMLA regulations.

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