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 Washington, eligible employees are granted up to 12 weeks of unpaid leave in any 12 month period to care for an immediate family member who has a serious health condition. An immediate family member includes a parent, spouse, or child who lives out of state. In order to use FMLA leave for a family member who lives out of state, the family member must have a serious health condition, as defined by the FMLA, that requires in-person care or treatment and the employee must be needed to provide care for the family member. Washington employees are also able to use up to 5 weeks of FMLA leave each year to care for a family member who is a member of the National Guard or military reserves and has been called to active duty. Employees must meet the other FMLA eligibility requirements to take advantage of this leave. While an employee is on FMLA leave, their employer must maintain the employee’s health insurance coverage and the employee has the right to return to the same or an equivalent job after their leave is over. Employers are not allowed to retaliate against an employee for exercising their rights under the FMLA. Ultimately, taking FMLA leave for a seriously ill family member who lives out of state is allowed in the state of Washington. Employees should check with the Department of Labor or their employer to get more information and to make sure that they meet the FMLA eligibility requirements.
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