Legal Question in Medical Leave in Illinois

Can I take time off work through FMLA for a sibling if there is no one else to care for them?


Asked on 12/30/10, 11:00 am

1 Answer from Attorneys

Betty Tsamis Tsamis Law Firm PC

The Family Medical Leave Act (FMLA) does not require your employer to allow you time off to care for a sibling (assuming the other requirements of the FMLA are met). However, if the sibling is a family member on active duty from the military, the law will allow for time off, depending on the specific situation.

If your sibling is not a member of the military, another aspect to explore is time off for yourself under provisions for your own serious medical condition. Often, employees with ill family members experience stress and anxiety associated with aspects of the family member's illness. If your doctor agrees that you need time off for your own stress, anxiety, and depression then you can take the leave under the FMLA.

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Answered on 1/04/11, 12:53 pm


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