Does the FMLA cover leave for employees caring for an ailing spouse?

Yes, in California, the federal Family and Medical Leave Act (FMLA) allows an employee to take up to 12 weeks of unpaid, job-protected leave annually to care for a spouse with a serious health condition. The employee must have worked for their employer for at least one year, and have worked at least 1,250 hours over the last 12 months. The FMLA covers employees of private employers with at least 50 employees within a 75-mile radius, and federal, state and local governmental employers. As long as the employee meets the eligibility criteria, they can take FMLA leave for their ailing spouse for up to 12 weeks in a 12-month period. The FMLA requires employers to allow employees to take leave for qualifying events, including caring for an ailing spouse. This leave is unpaid and must be taken in one-week increments or longer. However, the employee may use accrued vacation time or paid sick time for their leave. The FMLA also requires employers to maintain the employee’s health benefits during their leave. Upon the employee’s return to work, they must be placed in the same job or an equivalent one with the same pay, benefits, and other opportunities. In California, the FMLA is enforced by the United States Department of Labor. Employees must submit a request to their employer prior to taking leave and must provide documentation to support the request. Employers may also require a doctor’s note to confirm the need for the leave.

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Does the FMLA cover leave for employees caring for an ailing spouse?

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