Legal Question in Medical Leave in Washington
Medical Leave for ill Parent
When an employee is out on FMLA to care for a seriously ill parent what happens when that parent passes away. Is the employee still entitled to continue on FMLA? We allow one week of bereavement leave. The employee has used this and then has also taken additional leave. The employee has not contacted us regarding extending the leave now that the parent has pasted away. What action should we take?
Thank you!
1 Answer from Attorneys
Re: Medical Leave for ill Parent
Generally, under the FMLA once the reason for the entitlement to leave has ended, so has the leave. In this case, without knowing more of the facts, it would seem likely that the employee is not entitled to further leave. Of course, you are going to want to check with the law of your state to make sure that state law (as opposed to the federal FMLA) does not provide for more leave.
If you would like to discuss this further, I can be contacted at [email protected].
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