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The Department has consistently recognized that eligible employees may take leave to care for the child of the employees same-sex partner (married or unmarried) or unmarried opposite-sex partner, provided that the employee meets the in loco parentis requirement of providing day-to-day care or financial support for the
How does FMLA define family?
The FMLA allows leave for an eligible employee when the employee is needed to care for certain qualifying family members (child, spouse or parent) with a serious health condition. (The definition of son or daughter includes individuals for whom the employee stood or is standing in loco parentis.
Does FMLA cover parents in another country?
For example, if an employee takes FMLA leave to care for a seriously ill parent, the parent may live out-of-state or even outside the United States. Similarly, employees can leave town to seek treatment elsewhere for their own serious illness.
Can I take FMLA to care for my girlfriend?
20. May I take FMLA leave to care for my same-sex spouse or domestic or civil union partner? Yes, under federal law with respect to caring for a same-sex spouse. If you are married and eligible to take leave under the FMLA (see Question 3), then you can take FMLA leave to care for your same-sex spouse.
How long is intermittent FMLA good for?
The leave offered by the FMLA (or, for that matter, Californias Fair Employment and Housing Act) does not have to be taken all at once. Intermittent FMLA is when an employee uses their 12 weeks of unpaid leave off and on. This is in contrast to continuous family medical leave or working a reduced work schedule.
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People also ask
Does FMLA apply outside the US?
Section 29 CFR 825.105(b) of the FMLA regulations states that the FMLA applies only to employees who are employed within any State of the United States, the District of Columbia or any Territory or possession of the United States. Territories or possessions of the United States include Puerto Rico, the Virgin Islands
Can FMLA be used for step parents?
For FMLA leave purposes, a parent is defined broadly as the biological, adoptive, step, or foster parent of an employee or an individual who stood in loco parentis to the employee when the employee was a son or daughter.
Can you take FMLA twice in one year for different reasons?
An eligible employee may also take 26 workweeks of leave to care for a covered servicemember in a single 12-month period, and then take another 26 workweeks of leave in a different single 12-month period to care for the same servicemember with a subsequent serious injury or illness (e.g., if the servicemember is
What happens when FMLA leave is exhausted?
When employees exhaust twelve weeks of FMLA leave and still cannot return to work due to their own medical impairment, the employer may have an obligation under the ADA to grant additional unpaid leave as a reasonable accommodation, in some situations.
What is a fitness for duty letter?
A fitness for duty examination can provide information about an employees ability to function and perform his/her job duties in the work environment. Additionally, the fitness examination may protect the workplace and reduce an employers liability.
Related links
elaws - Family and Medical Leave Act Advisor
An employer may seek fitness-for-duty certification only with regard to the particular health condition that caused the employees need for FMLA leave. The
(b) An employer may seek a fitness-for-duty certification only with regard to the particular health condition that caused the employees need for FMLA leave
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