Legal Question in Medical Leave in New York

My sister in Florida was diagnosed with stage 4 pancreatic cancer just about a year ago. She does not have much time left and is getting sicker and sicker.I am being told by my employer that I cannot go out on FMLA because she is not immediate family even though I have more than enough vacation time earned to cover my time away . She is my only sibling. My parents are dead and she is unmarried and really needs me at this time. She does have grown children but they work at menial jobs that they will be fired from if they miss too much work. Consequently she is alone for much of the day and becoming more and more depressed as her health declines. Are there any exceptions ever made in relation to the the definition of "immediate family?"


Asked on 12/11/09, 6:02 am

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

Unfortunately a sibling is not defined as an immediate family member and there are no known exceptions under the FMLA. With respect to your vacation and leave time, it is up to your employer to approve when you can take such time away form work and what you do with your time is of no concern to your employer.

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Answered on 12/24/09, 4:30 am


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