Can I take FMLA leave during my spouse's active duty tour?

In Washington, the Family and Medical Leave Act (FMLA) is a federal act that gives workers the right to take unpaid time off from work to care for themselves or family members during a medical or family crisis. The law applies to employers with more than 50 employees. Under the FMLA, you can take unpaid leave when your spouse is on active duty to provide support and care for you and your family. This leave is known as “military family care leave”. You are eligible to take this leave if your spouse is on active duty, has been called to active duty, or was deployed within the last twelve months. You may also be able to take FMLA leave if you are the parent of a military service member who is on active duty or a deployed service member. In order to take FMLA leave for military family care, you will need to provide adequate proof of your spouse or child’s active military duty to your employer. Your employer may also require that you provide evidence that you are providing care and support to your spouse or child during their active duty period. As with any FMLA leave, you are eligible to take up to twelve weeks of unpaid leave per year.

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