Does the FMLA cover leave for employees caring for an ailing spouse?
Yes, the Family and Medical Leave Act (FMLA) covers leave for employees caring for an ailing spouse in Washington. Under FMLA, covered employees are allowed to take up to 12 weeks of unpaid leave in any 12-month period to care for a spouse with a serious health condition. A spouse is defined as a “husband or wife as defined or recognized under State law for purposes of marriage in the State where the employee resides.” Employees may also use FMLA for other family medical leave purposes. These include caring for a child after birth, adoption, or foster care placement, caring for a parent with a serious health condition, or for the employee’s own serious health condition. Employees must meet certain qualifications to be eligible for FMLA, including having at least 12 months of employment with the employer. In addition to the unpaid leave, employees are entitled to job protection while they are out on FMLA leave. This means that their benefits, such as health insurance, must remain in place, and that their positions must also be held for them until they return. Upon their return, they must be given the same or an equivalent position. The FMLA offers valuable protections for employees in Washington. In addition to allowing unpaid leave for caring for an ailing spouse, it also provides job protection and ensures that health insurance and other benefits remain in place. It is a valuable resource for anyone in need of family medical leave.
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