Can I take FMLA leave to care for my elderly parent if they live in another state?
In Washington, the Family Medical Leave Act (FMLA) does not extend to care for an elderly parent if the parent lives in another state. Since the FMLA applies to leave taken to care for an immediate family member who has a serious health condition, it does not cover an elderly parent who lives in another state. Individuals who need to take time off from work to care for their parents may still need to ask their employer for leave, but it is not covered under FMLA laws. Some employers may offer a leave of absence to provide care for an elderly parent, although this type of leave may not be paid. If the elderly parent lives in Washington, the employee may be able to take FMLA leave to care for them. Under the FMLA, an employee is allowed up to 12 workweeks of unpaid leave in a 12-month period to care for a parent with a serious health condition, and the parent must live in the same state as the employee. The employee must have worked for their employer for at least 12 months and at least 1,250 hours during those 12 months before they are eligible for FMLA leave. They must also provide their employer with medical certification of the parent’s condition from a health care provider. Under Washington law, employees may also be able to take additional unpaid leave to care for their elderly parent if their employer provides it. Employers are not legally required to do so, though, so employees should check with their employer for their specific policies.
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