Can I take FMLA leave to care for a seriously ill family member who lives overseas?
The short answer is no. The federal Family and Medical Leave Act (FMLA) applies to employers with 50 or more employees in one location, and FMLA protected leave is only available for a care recipient who is either a parent, spouse, or an immediate family member within the United States. In California, the FMLA applies to employers with 75 or more employees in one location. Therefore, if you work for an employer that meets the FMLA employee criteria, you may be eligible for FMLA leave to care for a seriously ill family member in the US, but not for a family member outside the US. Additionally, the FMLA only applies to situations of serious illness, not for all medical conditions, so the individual must be diagnosed with a serious medical condition. If your family member lives overseas, you may be eligible for other forms of job-protected leave. For example, the California Family Rights Act (CFRA) offers similar protection for leave taken to care for a family member, but unlike FMLA, it doesn’t have a qualifying relationship requirement, so you could be eligible for leave if you need to take unpaid time off to care for a seriously ill family member who lives abroad. It’s important to note that a number of other states have more extensive leave laws that may provide you with greater job protection if you need to take time off to care for a seriously ill family member overseas. For example, New Jersey, Washington, and Massachusetts all have state-level laws that provide protection for family care of a family member who resides abroad. If you live in one of these states, you may be eligible for leave under their respective laws.
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