Can I take FMLA leave to care for a seriously ill family member who lives out of state?
Yes, you can take FMLA leave to care for a seriously ill family member who lives out of state. According to The Family and Medical Leave Act (FMLA), if you are an employee in New York and your family member lives out of state, you can take up to twelve weeks of unpaid, job-protected leave per year for certain family and medical reasons, including to care for a seriously ill family member. In order to take FMLA leave, you must meet certain eligibility requirements. These requirements include that you have worked for your employer for at least 12 months, worked an average of at least 1,250 hours over the preceding 12 months, and your employer must have at least 50 employees within a 75-mile radius. You must also provide notice of your intention to take FMLA leave and provide appropriate documentation. Once you receive approval from your employer, you are allowed to take up to twelve weeks of leave, with the option to take an additional two weeks if necessary. During this time, you are protected from losing your job or experiencing any change in your employment status. However, you will not be paid while on leave. To make up for this, you may be able to take advantage of state or private disability benefits.
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