Can I take FMLA leave to care for a seriously ill family member who lives overseas?

No, the Family and Medical Leave Act (FMLA) in Tennessee does not provide leave for family members who reside outside the country. The FMLA provides twelve weeks of unpaid, job-protected leave for employees who need to take time off work to attend to their own medical condition, the medical condition of an immediate family member, or to care for a newborn or newly adopted child. In Tennessee, this leave is granted to employees who have worked for the same employer for at least 12 months and who have worked a minimum of 1,250 hours in the 12 months prior to taking FMLA Leave. Additionally, the employer must have at least 50 or more employees working within a 75 mile radius of the employee’s worksite. For an employee to be eligible to take FMLA leave to care for a seriously ill family member who lives overseas, the employee must meet the other conditions of the FMLA (such as the 12 months of service and 1,250 hours of work in the prior 12 months). Unfortunately, this is not possible since the FMLA does not cover family members who are out of the country.

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Can I take FMLA leave to care for a seriously ill family member who lives overseas?

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