Can I take FMLA leave to care for a seriously ill family member who lives overseas?
No, the Family and Medical Leave Act (FMLA) does not cover care for a seriously ill family member who lives overseas. FMLA is a federal law in the United States that provides certain employees with up to 12 weeks of unpaid, job-protected leave each year for specified family and medical reasons. In Washington, the FMLA applies to employers with 50 or more employees within a 75-mile radius and to state, local, and federal government employers. The FMLA applies to care for a family member who has a serious health condition and is either a spouse, child, or parent of the employee. Family members who live overseas are not covered by the FMLA. The law does not provide for unpaid leave to care for someone who is a family member but not a spouse, child, or parent of the employee. There may be state laws in Washington that provide leave for family members who do not meet the criteria in the FMLA. Additionally, the FMLA requires employers to provide leave for the care of a family member for a qualifying exigency due to a foreign deployment. This includes family members who live outside the United States. However, this does not cover situations where the family member has a serious health condition. Therefore, the FMLA does not provide unpaid family leave when caring for a seriously ill family member who lives overseas.
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