Can I take FMLA leave to care for a seriously ill family member who lives out of state?

Yes, you can take Family and Medical Leave Act (FMLA) leave to care for a seriously ill family member who lives out of state. In California, the FMLA requires employers to provide eligible employees with up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons, including to care for a seriously ill family member. Under the federal FMLA, this leave can apply for a family member living outside of the state, such as if a family member who lives in another state needs out-of-state medical care. To be eligible, the employee must have worked for their employer for at least 12 months and have worked 1,250 hours in the 12 months prior to the leave. Additionally, the employer must have at least 50 individuals employed at the same location or within 75 miles of the worksite. If the employee meets all these criteria, they may be eligible for up to 12 weeks of unpaid, job-protected leave for the purpose of caring for a family member with a serious health condition who lives out of state.

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