Most employees take leave under the Family and Medical Leave Act (FMLA) in continuous blocks of time. But not all health conditions require an employee to be absent for weeks at a time.

For employees, the federal Family and Medical Leave Act (FMLA) is a great benefit. It grants them twelve weeks of job-protected (but unpaid leave) each year for or the birth, adoption or foster placement of a child, the employee’s own serious health condition, or to care for a family member with a serious health condition (on the meaning of serious health condition, see here). For employers, the FMLA is a mixed bag.

For employees, the federal Family and Medical Leave Act (FMLA) is a great benefit. It grants them twelve weeks of job-protected (but unpaid leave) each year for or the birth, adoption or foster placement of a child, the employee’s own serious health condition, or to care for a family member with a serious health condition (on the meaning of serious health condition, see here). For employers, the FMLA is a mixed bag.

Whether leave taken under the federal Family and Medical Leave Act (FMLA) is paid or unpaid is an issue that can confuse employers and employees alike. The FMLA says that leave is unpaid, although employers are required to maintain their contributions to an employee’s health insurance premiums during the leave. But it’s not as simple as that. The FMLA allows accrued paid leave and compensatory time-off (“comp time”) to be substituted for unpaid leave. This turns what would otherwise be unpaid FMLA leave into paid FMLA leave.

Whether leave taken under the federal Family and Medical Leave Act (FMLA) is paid or unpaid is an issue that can confuse employers and employees alike. The FMLA says that leave is unpaid, although employers are required to maintain their contributions to an employee’s health insurance premiums during the leave. But it’s not as simple as that. The FMLA allows accrued paid leave and compensatory time-off (“comp time”) to be substituted for unpaid leave. This turns what would otherwise be unpaid FMLA leave into paid FMLA leave.

Sometimes an employee asks for FMLA leave to care for a family member, particularly a parent, but employee’s plans don’t involve physically assisting the family member with activities of daily living. Disputes may arise about whether the employee is entitled to FMLA leave when the plan is simply to provide comfort. Where assistance to the family member involves traveling, things can get contentious. Both employers and employees need to be clear about what “care” means under the FMLA. 
Caring for a Family Member: The Regulations

Sometimes an employee asks for FMLA leave to care for a family member, particularly a parent, but employee’s plans don’t involve physically assisting the family member with activities of daily living. Disputes may arise about whether the employee is entitled to FMLA leave when the plan is simply to provide comfort. Where assistance to the family member involves traveling, things can get contentious. Both employers and employees need to be clear about what “care” means under the FMLA. 
Caring for a Family Member: The Regulations

Have you ever had an employee ask to take leave under the Family and Medical Leave Act to help a child who is having a baby? Or to care for a beloved aunt who is terminally ill? The FMLA requires that employers give eligible employees twelve weeks of job-protected leave each year for a qualifying reason. One of those reasons is to care for a spouse, parent or child with a serious health condition. Does that mean that employees are not entitled to FMLA leave for the birth of a grandchild or to care for Aunt Sue? Probably, but maybe not.

Have you ever had an employee ask to take leave under the Family and Medical Leave Act to help a child who is having a baby? Or to care for a beloved aunt who is terminally ill? The FMLA requires that employers give eligible employees twelve weeks of job-protected leave each year for a qualifying reason. One of those reasons is to care for a spouse, parent or child with a serious health condition. Does that mean that employees are not entitled to FMLA leave for the birth of a grandchild or to care for Aunt Sue? Probably, but maybe not.

The federal Family and Medical Leave Act (FMLA) requires employers to provide employees with 12 weeks of unpaid but job-protected leave each year for qualifying situations, including for the birth or adoption of a child, for the employee’s own serious health condition, or for an employee to care for an immediate family member with a serious health condition. Who is an immediate family member? The FMLA, by its own terms, says it is a spouse, son, daughter or parent of an employee. But how do we define those terms?