Q. I have an employee who has been taking
A. No. The FMLA allows up to 12 weeks of unpaid leave during any 12-month period to take care of an immediate family member with a serious health condition. The FMLA defines immediate family member as a spouse, child or parent.
Although your employee’s leave prior to her mother’s death would qualify for family caregiver leave, time taken after the death of the parent does not meet the definition. You may give the employee the additional leave, if you care to do so, but you can’t designate it as FMLA leave.
- Sniff out suspicious FMLA requests
- Get workers back fast from FMLA leave: Run FMLA concurrently with other leave
- Keep solid time records to prove whether employee is eligible for FMLA leave
- Retaliation nation: Manage adverse actions to lessen retaliation
- Beware ADA retaliation trap if employee asks for more time off after FMLA leave expires