My mom lives in Ma. & my sister lives in Ga. My sis is having mulitiple surgerys & she is also suffering w/a mental condition. Yes her dr said she needs 24 hr care for a few weeks. Pls keep in mind these surgerys are of an emergency. I read the entire FMLA Act. My mom meets all the requirements, but her job states since my sis lives in another state and she is over 18, That my mom can not get FMLA. What can mom say or do? and is that true about the different state thing? because I have found nothing on line to back up her jobs statement.
1 Answer from Attorneys
The other state thing shouldn't matter,--FMLA is FEDERAL.
Ask the job in writing to indentify the provision that gives them the right to control where the injured person lives in terms of the federal statute, which is silent on the issue.
Second, if your sister is mentally incapacitated, there is probably an exception.
Comply with all the steps of the FMLA anyway, and then do whatever needs done.