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. Under the Family and Medical Leave Act (FMLA), Texas employees are eligible to take up to 12 weeks of unpaid job-protected leave in a 12-month period for certain family and medical reasons. Caring for a sick family member, regardless of where they live, qualifies as a medical reason for which you can take leave. You must meet two criteria to qualify for FMLA leave. First, you must have worked a certain amount of time for your employer in the past 12 months and, second, your employer must have at least 50 employees. If you meet both criteria, you are eligible to receive unpaid leave to care for your seriously ill family member. Your employer may also require documentation from a doctor attesting to the serious medical condition of the family member whom you are caring for. Additionally, you must give your employer at least 30 days’ notice before taking leave. If, however, your family member’s illness is sudden, you must contact your employer as soon as possible. Taking care of a family member out of state is an important responsibility and FMLA leave can provide an invaluable amount of time for you to do so without fear of job loss.
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