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What to know before seeking FMLA leave to support a family member

On Behalf of | Jan 15, 2025 | FMLA |

The Family and Medical Leave Act (FMLA) is one of the most important and powerful federal workplace laws. It created a right to unpaid leave at the federal level and helps protect workers’ jobs when they have personal emergencies. Workers in several situations may qualify for leave under the FMLA. Employees are eligible for leave after they give birth or adopt a child. They can also request leave to recover from an injury or receive treatment for an illness.

The FMLA also protects the right to take leave when immediate family members have medical issues that require support. What do workers need to know about leave related to the health care support needs of family members?

Only certain relationships qualify

People can have very close relationships with their cousins or siblings. They may also be the only person living near a grandparent who has experienced a medical emergency. Unfortunately, the FMLA only authorizes unpaid leave for the care of immediate family members. People can take leave to care for their spouses, children or parents in most cases. Other, more distant family ties likely do not allow a worker to qualify for FMLA leave.

Career choices influence leave duration

One of the factors that influences how long a worker can take unpaid leave for is the career of their family member. Most people seeking FMLA leave to support a loved one who has medical challenges can take up to 12 weeks of unpaid leave per year.

However, if the family member in need of medical support is an active-duty servicemember employed by one of the branches of the United States military, then the rule changes. The family members seeking to take leave to provide them with medical support could theoretically be eligible for up to 26 weeks of unpaid leave for the support of a military servicemember.

Generally speaking, employers should cooperate with workers who need to take time off for the support of their loved ones under the FMLA. Workers may still need support working with employers who are less than enthusiastic about their leave requests or holding companies accountable if they retaliate against them for trying to assert their rights.

Learning more about FMLA leave rights can be beneficial for those who think they qualify for unpaid leave. Workers who are aware of their rights and the restrictions of the law can more effectively assert themselves while communicating with employers.

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