Is an employee eligible for FMLA leave if they need to care for a parent with a serious health condition?

Yes, an employee in Virginia may be eligible to take FMLA leave to care for a parent with a serious health condition. To be eligible to take FMLA leave in Virginia, an employee must have worked for the employer for at least 12 months, and the employer must have at least 50 employees. A “serious health condition” refers to an illness, injury, impairment, or physical or mental condition that requires inpatient care or continuing treatment—such as care from a doctor or other medical professional. If an employee meets the eligibility requirements and is caring for a parent with a serious health condition, they can take up to 12 weeks of unpaid, job-protected leave. During the leave, the employee’s group health benefits must stay in effect, and their job must be kept for them—or a similar job with equal pay and benefits—when they return. In addition, employees may also be eligible for leave to care for a parent who has a “qualifying exigency” related to their parent’s active duty status. This refers to things like short-notice deployment. For both types of leave, employees must provide documentation of the need for leave and follow their employer’s FMLA guidelines.

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Is an employee eligible for FMLA leave if they need to care for a parent with a serious health condition?

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