Can I take FMLA leave to care for a family member if the family member is not the employee's parent, spouse, or child?

The Family and Medical Leave Act (FMLA) is a federal law that provides covered employees in California with unpaid, job-protected leave for certain family and medical reasons. Under the FMLA, employees can take leave to care for family members with a serious health condition, such as a parent, spouse, or child. However, California employees may also use FMLA leave to care for certain relatives, such as a grandparent, grandchild, sibling, or domestic partner. In California, the person for whom an employee is providing care does not necessarily have to be their parent, spouse or child to qualify for leave. The definition of family member under FMLA includes a “son or daughter” and, in California, a son or daughter includes a stepchild and foster child, as well as a biological, adopted, or a biological or adoptive grandchild. Employees may also take leave to care for a parent-in-law, a spouse’s grandparent or siblings, and a domestic partner’s parent, grandparent, stepchild, or grandchild. Employees should keep in mind that not all employers are covered by the FMLA. Furthermore, employees must meet certain eligibility requirements and may only receive unpaid leave. To qualify, employees must have worked for their employer for at least 12 months and 1,250 hours during the 12 months leading up to the start of their leave. Employees should contact their employer and the Department of Labor with any questions they may have about FMLA leave in California.

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Can I take FMLA leave to care for a family member if the family member is not the employee's parent, spouse, or child?

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