Can I take FMLA leave to care for a seriously ill family member who lives overseas?
Yes, you can take FMLA leave to care for a seriously ill family member who lives overseas. In North Carolina, the Family Medical Leave Act (FMLA) allows eligible individuals to take up to twelve weeks of unpaid leave to care for a family member who has a serious health condition. To qualify for FMLA leave, the family member must be related to you in one of the following ways: your spouse, parent, or child (biological, adopted, or foster); or an individual to whom you stand in loco parentis. In the case of caring for a seriously ill family member who lives overseas, the family member must still meet the definition of relationships listed above. For example, if you have a parent who is living overseas and is ill, you may be eligible for FMLA leave. If the family member does not meet the definition of family member, you may not qualify. In addition, your employer must have 50 or more employees within a seventy-five mile radius to be covered by FMLA. You must also have worked for the employer for at least twelve months in order to qualify for FMLA leave and have worked at least 1,250 hours during those twelve months. If you believe you are eligible for FMLA leave, you should contact your employer to see if they are covered by the FMLA and if you qualify. Your employer will also provide you with more information about the process of applying for and taking FMLA leave.
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