Can FMLA be taken to care for parent overseas? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Can FMLA be taken to care for parent overseas?

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in FMLA Guidelines,HR Management,Human Resources,Leaders & Managers,Management Training

Q. One of our employees has a sick parent who lives in another country. She wants FMLA leave to care for the parent. Is FMLA available under the circumstances? And how would I verify the authenticity of a foreign medical certification? — N.V., Florida

A. FMLA leave is available, among other reasons, for the care of an immediate family member (including a parent) with a serious health condition. Where the employee might be located during the FMLA leave is irrelevant.

You would provide the same medical certification to the employee taking leave that you do for all other employees. The FMLA does not permit you to verify the authenticity of a certification unless you have given the employee the opportunity to cure any deficiencies. If that isn’t successful, you may have a health care provider, HR representative, leave administrator or management official contact the parent’s physician who signed the certification to request “verification that the information contained on the certification form was completed and/or authorized” by him or her.” (29 C.F.R. 825.307)

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