Can an employee take FMLA leave to care for a family member with an illness that requires frequent medical treatment?
Yes, an employee in North Carolina can take FMLA leave to care for a family member with an illness that requires frequent medical treatment. Under the Family Medical Leave Act (FMLA), an eligible employee can take up to 12 weeks of unpaid leave in any 12-month period for a qualifying serious health condition of a family member. In order to be eligible for FMLA leave, the employee must work for an employer with 50 or more employees in a 75-mile radius of the worksite, must have worked for at least 12 months and must have worked at least 1,250 hours during the 12 months prior to the start of leave. The family member with the qualifying serious health condition can be a spouse, child or parent. Qualifying serious health conditions include chronic illnesses that require periodic and ongoing medical treatment. This includes conditions such as cancer, diabetes, HIV/AIDS, and multiple sclerosis. The FMLA provides job protection for employees to take care of ill family members, and also mandates that the employees be able to return to the same or an equivalent position after their leave ends. Employees can also take FMLA leave for childbirth, adoption and foster care placement. The rules and regulations for FMLA vary by state, so it is important to check with an employer or a lawyer to understand the specific laws regarding family medical leave in North Carolina.
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