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

Yes, you can take Family and Medical Leave Act (FMLA) leave to care for a family member with an illness that requires intermittent medical treatment. In New York, the FMLA allows employees to take up to 12 weeks of unpaid leave within a 12-month period to care for a family member with a serious health condition. To qualify, the family member must have a condition that requires intermittent medical treatment such as recurring doctor’s appointments or treatments. Additionally, New York also offers a Paid Family Leave (PFL) program that allows employees to take up to 10 weeks of paid leave within a 12-month period to provide care for certain family members. PFL can be used for intermittent caregiving absences resulting from a family member’s serious health condition. Employees can use up to 6 weeks of FMLA and 4 weeks of PFL for a total of 10 weeks of leave in a 12-month period. For both FMLA and PFL, employers may require employees to provide a medical certification from the family member’s healthcare provider that states the family member has a serious health condition and requires intermittent medical treatment. Employers might also require other evidence that the leave is being taken in order to provide care for the family member. In summary, New York residents can take up to 12 weeks of unpaid leave under FMLA and up to 10 weeks of paid leave under PFL in a 12-month period to care for a family member with an illness that requires intermittent medical treatment. Employers may require medical certification and other evidence of the need for the leave.

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