Can an employee take FMLA leave to care for a family member with an illness that requires frequent medical treatment?

Yes, employees in California can take FMLA leave to care for a family member with an illness that requires frequent medical treatment. The California Family Rights Act (CFRA) mirrors the protections of the federal FMLA, which provides leave for employees to care for family members with serious health conditions, defined as "an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider." A serious health condition may involve treatments such as extended hospital stay, surgery, or other treatments requiring ongoing medical care. In order to qualify for leave to care for an ill family member, the family member must have a condition that requires frequent and substantial medical care. Under the FMLA and CFRA, employees can take up to 12 weeks of unpaid leave for family members with a serious health condition. However, employers may require employees to use accrued leave (vacation and/or sick pay) during this time period. Employers must also continue health insurance coverage for the employee during their leave.

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