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How does FMLA apply to caring for family members?

On Behalf of | Dec 27, 2024 | Employment Law

As you balance the demands of work and family, you may find yourself facing a difficult situation: a family member with a serious health condition needs your care. Fortunately, the Family and Medical Leave Act (FMLA) gives employees who are eligible up to 12 weeks of unpaid leave so they can care for loved ones.

Who qualifies as a family member under FMLA?

Under the FMLA, you can take leave to care for certain family members with severe health conditions. These include:

  • Spouse: Your legal husband or wife
  • Parent: Can be your biological, adoptive, or foster parent
  • Child: Either your biological, adopted, foster, or stepchild
  • An adult child over 18 years old: Someone who is incapable of self-care due to a disability

Additionally, under the Michigan Parenting Time Act, you can take leave to care for your child, especially if the child has a serious health condition, including a disability.

How can you care for adult children and military family members in unique situations?

Caring for an adult child or military family member can be challenging. You might need to help an adult child with a disability or a veteran spouse or parent with a serious injury or illness. Under the FMLA, you can take leave to care for these family members. This includes those who need medical treatment or therapy.

In Michigan, the Military Family Leave Act lets eligible employees take up to 15 days of unpaid leave to care for a family member who is covered and has a serious injury or illness.

How can you protect your FMLA rights?

You should understand your FMLA rights and obligations so you can care for your loved one. With the complexities of the law and the emotional demands of caregiving, it’s crucial to understand your options and responsibilities clearly. By seeking legal guidance and support, you can ensure that you take the necessary steps to protect your rights and provide the best possible care for your family member.