Family Medical Leave Act - Can You Take Time Off to Care for a Sick Family Member?

To be eligible for leave under the Family Medical Leave Act (FMLA), an employee must 1) have worked for the employer for at least 12 months – the time need not be consecutive; 2) have worked for the employer for at least 1,250 hours in the past 12 months; and 3) work for an employer that employs 50 or more employees at the worksite or within 75 miles of the worksite. FMLA leave is most often taken to care for a newborn child, to care for a family member (child, parent, or spouse) with a serious health condition, or in situations where an employee has a serious health condition. A “serious health condition” is an illness, injury or condition that involves either inpatient care or continuing treatment by a healthcare provider. An employee may take up to 12 workweeks of family leave in a 12-month period either all at once, or in small increments.

So if you were to seek FMLA leave, you would be eligible if the family member is a child, parent, or spouse, and your employer meets the above requirements.

FMLA leave is generally unpaid, although you may be able to substitute sick or vacation leave. Some employers require employees to use vacation or paid time off for family leave. An employer may require employees to use accrued sick pay during family leave, but only if the leave is for the employee’s own serious health condition. However, your employer may have a provision providing compensation during FMLA leave; check your Employee Handbook.

Yet you may have other avenues. California recognizes “kin care,” in which an employee can use sick leave to care for a sick child, parent, spouse, or domestic partner. It applies to small employers and does not require a serious illness. Here an employee may use one half of his or her annual sick leave allotment, once it is actually accrued. Finally, some companies offer short-term disability programs to care for a family member, where an employee can earn all or part of his or her salary. In conclusion, while each employer may offer varying benefits, there are many options available to California employees who need to care for sick family members and may need wages as well.