Can I take FMLA leave for a family member's injury, illness, or disability?
Yes, you can take FMLA leave for a family member’s injury, illness, or disability in Virginia. The Family and Medical Leave Act (FMLA) is a federal law that allows employees to take up to twelve weeks off for certain family-related events. This includes caring for an immediate family member (parent, spouse, or child) with a serious health condition. Employees who are eligible for FMLA leave, such as those who have worked for the same employer for at least 12 months and have worked at least 1,250 hours in the last 12 months, may take up to 12 weeks of unpaid leave to care for an immediate family member with a serious health condition, such as an injury, illness, or disability. In addition, Virginia state law extends FMLA protections to employees of employers with more than 15 employees for up to 16 weeks of unpaid leave for the same qualifying events. This allows additional time for an employee to care for a family member who has suffered an injury, illness, or disability. In order to take FMLA leave to care for a family member, the employee must provide their employer with written notice of their need for the leave and certification, if requested, from a health care provider that the family member has a serious health condition. Employers are prohibited from retaliating against employees who take FMLA leave, so they can be confident that they will still have a job or that their job will be held for them when they return.
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