Can I Use FMLA Leave to Travel? Your Comprehensive Guide

Are you wondering if you can use Fmla Leave To Travel? Yes, you may be able to use FMLA leave to travel if the travel is integral to your or a family member’s medical treatment, but it’s crucial to understand the specifics. At SIXT.VN, we provide expert travel guidance tailored to your unique needs, ensuring you can navigate your travel plans smoothly and confidently. This guide explores the conditions under which you can use FMLA leave for travel, clarifies eligibility requirements, and addresses common concerns.

1. What is FMLA and How Does It Work?

The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 workweeks of unpaid leave per year for specific family and medical reasons while maintaining their group health benefits, as if they continued working. At the end of your FMLA leave, you’re entitled to return to your same or an equivalent job.

1.1. Key Provisions of FMLA

• Unpaid Leave: Up to 12 weeks of unpaid leave in a 12-month period.
• Health Benefits: Maintenance of group health benefits during the leave.
• Job Protection: Guarantee of returning to the same or an equivalent job.
• Military Family Leave: Provisions for leave related to military deployments and caring for injured servicemembers.

1.2. Who is Eligible for FMLA Leave?

To qualify for FMLA leave, an employee must:

• Work for a covered employer.
• Have worked 1,250 hours during the 12 months before the leave starts.
• Work at a location with 50 or more employees within a 75-mile radius.
• Have been employed by the employer for at least 12 months.

1.3. What Employers Are Covered Under FMLA?

The FMLA applies to:

• All public agencies, including federal, state, and local employers, and local education agencies (schools).
• Private sector employers with 50 or more employees for at least 20 workweeks in the current or preceding calendar year, including joint employers and successors of covered employers.

2. Can I Use FMLA Leave to Travel?

While FMLA primarily covers medical and family needs, you can use FMLA leave to travel under specific circumstances.

2.1. Travel for Medical Treatment

If travel is a necessary component of receiving medical treatment, FMLA leave may be applicable. This includes:

• Specialized Medical Facilities: Traveling to a specialized medical facility for treatment not available locally.
• Therapeutic Environments: Seeking a therapeutic environment conducive to recovery, as prescribed by a healthcare provider.
• Medical Procedures: Traveling for specific medical procedures, such as surgery or rehabilitation, that require travel.

2.2. Travel to Care for a Family Member

You can use FMLA leave to travel if it’s necessary to care for a family member with a serious health condition. This includes:

• Accompanying Family Members: Accompanying a family member to medical appointments or treatment centers.
• Providing Direct Care: Traveling to provide direct care and support to a family member who is ill.
• Facilitating Recovery: Ensuring a family member’s recovery by providing a supportive environment during travel.

2.3. Examples of FMLA-Approved Travel

• Traveling to a Cancer Treatment Center: Accompanying a spouse to a renowned cancer treatment center for specialized therapy.
• Rehabilitation Retreats: Taking a child to a rehabilitation retreat for intensive physical therapy after an injury.
• Overseas Medical Procedures: Traveling overseas for a cutting-edge medical procedure not available in the United States.

Alt text: A happy family explores Vietnam’s vibrant culture, showcasing the potential for combining travel with FMLA leave when related to medical needs.

3. Understanding Serious Health Conditions Under FMLA

A serious health condition is a key factor in determining FMLA eligibility, especially when travel is involved.

3.1. Definition of Serious Health Condition

According to the FMLA, a serious health condition involves:

• Conditions requiring an overnight stay in a hospital or medical facility.
• Conditions incapacitating you or a family member (e.g., unable to work or attend school) for more than three consecutive days with ongoing medical treatment.
• Chronic conditions causing occasional periods of incapacity requiring treatment by a healthcare provider at least twice a year.
• Pregnancy, including prenatal medical appointments and incapacity due to morning sickness or medically required bed rest.

3.2. Chronic Conditions and FMLA

Employees can use FMLA leave for chronic conditions that:

• Require periodic visits for treatment.
• Continue over an extended period.
• Cause episodic periods of incapacity.
  The regulations clarify that “periodic visits” mean at least twice a year.

3.3. Mental Health and FMLA

FMLA covers mental health conditions, allowing leave for:

• Severe anxiety requiring monthly physician visits.
• Regular psychotherapy sessions for conditions like anorexia nervosa.
• Caring for a child over 18 incapable of self-care due to a mental disability.

3.4. Domestic Violence and FMLA

FMLA leave can address health-related issues resulting from domestic violence, covering:

• The employee’s serious health condition.
• Caring for a qualifying family member with a serious health condition resulting from domestic violence.

4. How to Request FMLA Leave for Travel

Requesting FMLA leave for travel involves several key steps to ensure compliance and approval.

4.1. Notify Your Employer

• 30-Day Notice: Provide 30 days’ advance notice if the need for leave is foreseeable.
• As Soon as Practicable: If the leave is not foreseeable, provide notice as soon as practicable, generally the same or next business day.
• Sufficient Information: Give enough information to determine if FMLA applies to the leave request, including the reason for travel and its connection to medical treatment.

4.2. Provide Medical Certification

• Certification: Your employer may require a medical certification from a healthcare provider.
• 15 Calendar Days: You have at least 15 calendar days to obtain the medical certification.
• Incomplete Certification: If the certification is incomplete, your employer must advise you and provide a reasonable opportunity to correct the deficiency, usually at least seven calendar days.

4.3. Employer’s Right to Second Opinion

Your employer may require a second or third medical opinion (at the employer’s expense) if they doubt the validity of the medical certification.

4.4. Confidentiality of Medical Records

Your employer must keep your medical records confidential and maintain them separately from routine personnel files, complying with laws like HIPAA and ADA.

4.5. Example Notice

First time requesting leave:

When an employee seeks leave for a FMLA-qualifying reason for the first time, the employee need not expressly assert FMLA rights or even mention the FMLA.

Subsequent request:

When an employee seeks leave, however, due to a FMLA-qualifying reason for which the employer has previously provided the employee FMLA-protected leave, the employee must specifically reference either the qualifying reason for the leave or the need for FMLA leave.

5. Practical Tips for Planning Travel with FMLA Leave

Planning travel that aligns with FMLA requirements requires careful consideration and organization.

5.1. Coordinating with Healthcare Providers

• Treatment Schedules: Align travel plans with treatment schedules and healthcare provider recommendations.
• Medical Documentation: Obtain necessary medical documentation supporting the need for travel.
• Consultations: Discuss travel plans with healthcare providers to ensure safety and appropriateness.

5.2. Accommodations and Accessibility

• Accessible Accommodations: Ensure accommodations meet accessibility needs.
• Medical Facilities: Identify medical facilities along the travel route or at the destination.
• Emergency Plans: Develop emergency plans for medical issues during travel.

5.3. Legal and HR Considerations

• Compliance: Ensure all travel plans comply with FMLA guidelines and employer policies.
• Documentation: Maintain detailed records of all medical and travel-related expenses.
• Communication: Keep open communication with your employer and HR department throughout the leave period.

6. Returning to Work After FMLA Leave

Understanding your rights and responsibilities when returning to work is essential for a smooth transition.

6.1. Job Restoration

• Same or Equivalent Job: You are entitled to return to the same job or one that is nearly identical.
• Equivalent Job Criteria: An equivalent job must offer the same shift, duties, responsibilities, status, skill level, pay, and benefits.

6.2. Fitness-for-Duty Certification

• Employer Policy: Your employer may require a fitness-for-duty certification from your healthcare provider before you return to work.
• Essential Functions: The certification may address your ability to perform the essential functions of your position.
• Delay of Restoration: Failure to submit the certification may delay your job restoration.

6.3. Employer’s Obligations

• Notification: Employers must inform employees of their eligibility to take leave and their rights and responsibilities under the FMLA.
• Designation: Employers must notify employees whether the leave is designated as FMLA leave within five business days of learning it is for a FMLA-qualifying reason.

7. Scenarios Where FMLA Leave for Travel May Be Denied

Understanding potential reasons for denial can help you prepare and address concerns proactively.

7.1. Insufficient Medical Justification

• Lack of Documentation: Failure to provide adequate medical documentation supporting the need for travel.
• Non-Essential Travel: Travel deemed not essential to medical treatment or recovery.

7.2. Non-Compliance with Employer Policies

• Failure to Follow Procedures: Not adhering to employer’s notice and certification requirements.
• Abuse of Leave: Suspected abuse of FMLA leave for non-medical purposes.

7.3. Ineligible Employee or Employer

• Eligibility Requirements: Not meeting the FMLA eligibility requirements (e.g., insufficient hours worked).
• Non-Covered Employer: Working for an employer not covered under the FMLA.

8. Addressing Common Concerns About FMLA Leave and Travel

Many employees have questions about the specifics of using FMLA leave for travel.

8.1. Can My Employer Deny My FMLA Leave for Travel?

Your employer can deny FMLA leave for travel if you don’t meet the eligibility requirements, fail to provide sufficient medical justification, or don’t comply with company policies.

8.2. Will I Get Paid During My FMLA Leave for Travel?

FMLA provides unpaid leave, but you may elect or your employer may require you to use accrued paid vacation leave, paid sick leave, or family leave for some or all of the FMLA leave period.

8.3. What if My Employer Questions the Validity of My Medical Certification?

Your employer may require a second or third medical opinion (at the employer’s expense) if they doubt the validity of the medical certification.

8.4. How Does Intermittent Leave Affect Travel?

When medically necessary, employees may take FMLA leave intermittently—taking leave in separate blocks of time—or on a reduced leave schedule, reducing the usual weekly or daily work schedule.

9. Case Studies: FMLA Leave for Travel Success Stories

Examining successful cases can provide clarity and confidence in navigating your own FMLA leave for travel.

9.1. Cancer Treatment Journey

• Situation: An employee’s spouse was diagnosed with a rare form of cancer requiring specialized treatment at a facility in another state.
• Action: The employee provided medical certification, coordinated travel with the treatment schedule, and kept open communication with their employer.
• Outcome: The employee successfully used FMLA leave to accompany their spouse, ensuring they received the necessary medical care.

9.2. Rehabilitation for a Child

• Situation: An employee’s child suffered a severe injury requiring intensive rehabilitation at a specialized center.
• Action: The employee obtained medical documentation, planned accessible accommodations, and developed an emergency plan for travel.
• Outcome: The employee was granted FMLA leave to support their child’s recovery, providing essential care and support during the rehabilitation process.

9.3. Mental Health Support

• Situation: An employee’s daughter was recently released from several days of inpatient treatment for a mental health condition.
• Action: The employee contacted their health care providers to request information of the Family and Medical Leave Act (FMLA).
• Outcome: The employee was granted FMLA leave to support their daughter’s recovery, providing essential care and support during the rehabilitation process.

10. Resources and Support for FMLA Leave and Travel

Navigating FMLA leave can be complex, so knowing where to find support is essential.

10.1. Department of Labor (DOL)

• Website: The DOL provides comprehensive information on FMLA, including eligibility requirements, employer responsibilities, and employee rights.
• Wage and Hour Division: Contact the Wage and Hour Division for assistance with FMLA-related issues or to file a complaint.

10.2. Human Resources Department

• Company Policies: Your HR department can provide detailed information on your company’s FMLA policies and procedures.
• Leave Coordination: HR can assist with coordinating your leave and ensuring compliance with FMLA requirements.

10.3. Legal Counsel

• FMLA Expertise: Consult with an attorney specializing in employment law for personalized legal advice and representation.

11. The Role of SIXT.VN in Facilitating Your Travel Plans

At SIXT.VN, we understand the complexities of planning travel, especially when it involves medical considerations. We offer a range of services to support your travel needs.

11.1. Tailored Travel Consultations

• Personalized Advice: Providing tailored travel advice based on your specific circumstances and medical requirements.
• Accommodation Assistance: Helping you find accommodations that meet accessibility and medical needs.

11.2. Reliable Transportation Solutions

• Airport Transfers: Offering reliable and comfortable airport transfer services.
• Customized Itineraries: Developing customized travel itineraries that consider medical appointments and recovery periods.

11.3. Support Services

• 24/7 Assistance: Providing 24/7 customer support to address any travel-related concerns.
• Emergency Assistance: Assisting with emergency travel arrangements and medical support during your trip.

Alt text: SIXT Vietnam provides seamless airport pickup services, ensuring a stress-free start to your journey, especially important when traveling for medical reasons.

12. Maximizing Your Travel Experience While on FMLA Leave

While FMLA leave primarily focuses on medical needs, you can still find ways to enhance your travel experience.

12.1. Incorporating Relaxation and Wellness

• Therapeutic Activities: Include activities that promote relaxation and wellness, such as spa treatments or yoga sessions.
• Nature and Outdoors: Spend time in nature to reduce stress and promote mental well-being.

12.2. Creating Memorable Experiences

• Local Culture: Explore local culture and cuisine to create lasting memories.
• Sightseeing: Visit local attractions that are accessible and enjoyable.

12.3. Maintaining a Healthy Lifestyle

• Balanced Diet: Maintain a balanced diet to support physical health.
• Regular Exercise: Engage in regular exercise to boost energy levels and overall well-being.

13. Staying Informed: Recent Updates to FMLA Regulations

Keeping up with the latest FMLA regulations ensures you’re well-informed and compliant.

13.1. Key Regulatory Changes

• Eligibility Clarifications: Recent updates may clarify eligibility requirements and definitions of serious health conditions.
• Certification Procedures: Changes to certification procedures and employer notification requirements.

13.2. Resources for Staying Updated

• DOL Website: Regularly check the DOL website for the latest FMLA regulations and updates.
• Legal Professionals: Consult with employment law attorneys for guidance on regulatory changes and their impact on your situation.

14. Tips for a Smooth FMLA Leave and Travel Process

Follow these tips to ensure a seamless experience when using FMLA leave for travel.

14.1. Planning Ahead

• Timeline: Start planning well in advance to allow ample time for coordination and documentation.
• Budgeting: Create a budget that includes medical expenses, travel costs, and accommodation fees.

14.2. Clear Communication

• Employer: Maintain open and honest communication with your employer throughout the process.
• Healthcare Providers: Keep healthcare providers informed of your travel plans and ensure they provide necessary documentation.

14.3. Documentation

• Medical Records: Keep copies of all medical records, certifications, and travel-related documents.
• Expense Tracking: Track all expenses for potential reimbursement or tax deductions.

15. Overcoming Challenges: Strategies for Addressing Obstacles

Anticipate potential challenges and develop strategies for overcoming them.

15.1. Denied Leave

• Review: Review the reasons for denial and gather additional documentation to support your request.
• Appeal: Consider appealing the decision or seeking legal counsel.

15.2. Logistical Issues

• Backup Plans: Develop backup plans for transportation, accommodation, and medical care.
• Travel Insurance: Purchase travel insurance that covers medical emergencies and trip cancellations.

15.3. Emotional Stress

• Support Systems: Lean on support systems, including family, friends, and support groups, to manage emotional stress.
• Professional Counseling: Seek professional counseling to address anxiety and emotional challenges.

16. The Future of FMLA Leave and Travel

As healthcare and work environments evolve, FMLA regulations may adapt to better support employees.

16.1. Potential Enhancements

• Paid Leave: Increased availability of paid family and medical leave.
• Expanded Coverage: Broader coverage for chronic conditions and mental health needs.

16.2. Advocacy and Support

• Employee Rights: Advocate for employee rights and protections through legislative action.
• Employer Support: Encourage employers to adopt supportive policies that accommodate employee needs.

17. FMLA Leave for Mental Health Travel

Understanding how FMLA supports mental health, including travel for treatment, is essential for employees and employers alike.

17.1. Coverage for Mental Health Conditions

FMLA provides leave for serious mental health conditions that meet specific criteria. This includes conditions requiring inpatient care or continuing treatment by a healthcare provider.

17.2. Travel for Mental Health Treatment

Travel to mental health facilities or therapeutic retreats can be covered under FMLA if it is a necessary component of the treatment plan.

17.3. Certification and Documentation

To qualify for FMLA leave for mental health travel, employees must provide medical certification from a qualified mental health professional, detailing the necessity of travel for treatment.

18. Navigating Military Family Leave for Travel

Military families have unique needs, and FMLA includes provisions for military family leave to support travel related to service member care.

18.1. Military Caregiver Leave

Eligible employees can take up to 26 workweeks of leave during a “single 12-month period” to care for a seriously injured or ill covered service member.

18.2. Qualifying Exigency Leave

FMLA also provides leave for qualifying exigencies arising out of a family member’s active duty or call to active duty status.

18.3. Travel for Military Care

Travel to be with a service member during recovery or to attend military family support programs can be covered under FMLA.

19. USERRA and FMLA: Understanding the Interplay

The Uniformed Services Employment and Reemployment Rights Act (USERRA) and FMLA intersect to protect service members and their families.

19.1. USERRA’s Impact on FMLA Eligibility

USERRA ensures that service members returning to civilian employment receive all benefits they would have obtained if continuously employed, including FMLA eligibility.

19.2. Calculating FMLA Requirements for Returning Service Members

USERRA provides credit for months of service and hours worked during military service when determining FMLA eligibility, ensuring service members can access FMLA leave upon return.

19.3. Coordination of Benefits

Understanding how USERRA and FMLA interact ensures service members and their families receive the full scope of benefits available to them.

20. Airline Flight Crew Employees and FMLA Travel

Airline flight crew employees have unique work schedules, requiring special considerations for FMLA eligibility and leave calculations.

20.1. Special Eligibility Requirements

Due to non-traditional work schedules, airline flight attendants and flight crew members are subject to special hours of service eligibility requirements under the FMLA.

20.2. Leave Entitlement Calculation

Eligible airline flight crew employees are entitled to 72 days of FMLA leave during any 12-month period for FMLA-qualifying reasons, calculated based on a uniform six-day workweek.

20.3. Duty Hours and Worksite Determination

The worksite for airline flight crew employees is their home base, or domicile, and duty hours encompass time spent performing a variety of support duties before and after flights.

21. The Interplay of FMLA with Other Leave Policies

Employees must understand how FMLA interacts with other leave policies, such as sick leave, vacation leave, and short-term disability.

21.1. Substitution of Paid Leave

Employees may choose to substitute accrued paid leave for unpaid FMLA leave, running concurrently with FMLA protections.

21.2. Employer Requirements for Paid Leave

Employers may require employees to substitute accrued paid leave for unpaid FMLA leave, provided they comply with the terms and conditions of the employer’s paid leave policy.

21.3. Coordination with Short-Term Disability

Employees may coordinate FMLA leave with short-term disability benefits, ensuring they receive both job protection and income replacement during their leave.

22. FMLA and the Impact on Employee Bonuses

Understanding how taking FMLA leave may affect bonus eligibility is important for employees planning their leave.

22.1. Bonus Eligibility During FMLA Leave

Employers may deny bonuses based on achieving goals, such as hours worked or perfect attendance, to employees who take FMLA leave, as long as they treat FMLA leave the same as non-FMLA leave.

22.2. Avoiding Discrimination in Bonus Policies

Employers must ensure that their bonus policies do not discriminate against employees taking FMLA leave, treating them the same as employees taking other types of leave.

22.3. Substitution of Paid Leave and Bonus Eligibility

If an employee substitutes paid leave for FMLA leave, employers must treat them the same as employees using paid leave for non-FMLA reasons, ensuring they remain eligible for bonuses.

23. Prohibited Acts and Remedies Under FMLA

Understanding your rights and available remedies if your employer violates FMLA can provide you with recourse.

23.1. Interference with FMLA Rights

Employers are prohibited from interfering with, restraining, or denying the exercise of FMLA rights, including the right to take leave and return to work.

23.2. Retaliation for Taking FMLA Leave

Employers are prohibited from retaliating against employees for taking FMLA leave, filing a complaint, or cooperating with the Wage and Hour Division.

23.3. Remedies for FMLA Violations

Employees may seek remedies for FMLA violations, including reinstatement, back pay, front pay, and damages for emotional distress.

24. FAQs About FMLA Leave and Travel

Addressing frequently asked questions can provide further clarity and guidance on FMLA leave and travel.

24.1. Can I take FMLA leave for vacation?

No, FMLA leave is generally not for vacation but may be used if the travel is integral to medical treatment.

24.2. What if my employer doesn’t believe I need FMLA leave?

Your employer may require a second or third medical opinion to validate your certification.

24.3. Can I extend my FMLA leave if needed?

Extending FMLA leave depends on whether you have used your full entitlement and if additional medical certification supports the extension.

24.4. What if my employer changes my job while I’m on leave?

You are entitled to return to the same or an equivalent job with the same pay, benefits, and responsibilities.

24.5. How can SIXT.VN assist with my travel plans during FMLA leave?

SIXT.VN provides tailored travel consultations, reliable transportation, and support services to ensure a smooth and comfortable travel experience, aligning with your medical needs.

25. Call to Action: Plan Your Travel with Confidence with SIXT.VN

Navigating FMLA leave for travel can be complex, but with the right information and support, you can manage your travel plans confidently. At SIXT.VN, we are committed to providing expert guidance and reliable services to support your unique needs.

25.1. Contact Us Today

• Address: 260 Cau Giay, Hanoi, Vietnam
• Hotline/WhatsApp: +84 986 244 358
• Website: SIXT.VN

25.2. Explore Our Services

Visit our website to learn more about our tailored travel consultations, reliable transportation solutions, and support services. Let SIXT.VN help you plan your travel with confidence, ensuring a safe, comfortable, and stress-free experience. Whether you need airport transfers, customized itineraries, or 24/7 customer support, we are here to assist you every step of the way.

26. Disclaimers and Legal Notices

Please note that this guide is for informational purposes only and does not constitute legal advice. Consult with a qualified legal professional for personalized advice regarding your specific situation.

26.1. Accuracy of Information

While we strive to provide accurate and up-to-date information, FMLA regulations and policies may change, so always verify information with official sources.

26.2. Limitation of Liability

SIXT.VN is not liable for any actions taken based on the information provided in this guide.

26.3. Legal Advice Disclaimer

This guide is not a substitute for legal advice. Consult with an attorney specializing in employment law for personalized guidance.

27. Sources and References

Citing reliable sources ensures the accuracy and credibility of the information provided.

27.1. Government Agencies

• U.S. Department of Labor (DOL): Official FMLA resources and regulations.
• Wage and Hour Division (WHD): FMLA enforcement and compliance information.

27.2. Legal and HR Professionals

• Employment Law Attorneys: Expert legal advice on FMLA-related issues.
• Human Resources Specialists: Company-specific FMLA policies and procedures.

27.3. Academic and Research Institutions

• Universities and Research Centers: Studies and analyses on FMLA and its impact on employees and employers.

28. List of Keywords

Primary Keyword: FMLA leave to travel

Secondary Keywords: Family and Medical Leave Act, FMLA eligibility, FMLA travel, medical travel, care for family member, serious health condition, employer obligations, employee rights, SIXT.VN, travel consultation, airport transfer, customized itinerary

LSI Keywords: FMLA leave requirements, medical certification, intermittent leave, job restoration, military family leave, USERRA, airline flight crew, employee bonuses, prohibited acts, legal remedies, mental health travel, military caregiver leave, FMLA regulations

29. AIDA Principle Applied

The AIDA (Attention, Interest, Desire, Action) principle has been applied throughout this article to effectively engage and guide readers.

Attention: The title and introduction immediately grab the reader’s attention by addressing a common question: “Can I Use FMLA Leave to Travel?” and offering a comprehensive guide with expert advice from SIXT.VN.

Interest: The article maintains interest by providing detailed information on FMLA provisions, eligibility, and specific scenarios where FMLA leave can be used for travel. Practical tips, case studies, and answers to common concerns keep readers engaged.

Desire: The desire to take action is created by highlighting the benefits of using FMLA leave for necessary travel, the support services offered by SIXT.VN, and the potential for maximizing travel experiences while on leave. The reader is encouraged to see the possibility of stress-free and compliant travel.

Action: The article concludes with a clear call to action, inviting readers to contact SIXT.VN, explore our services, and plan their travel with confidence. Contact information is provided for immediate engagement.

FAQ Section

(Q) May I use FMLA leave when I am unable to work because of severe anxiety?

Yes, assuming that you work for a covered employer and are eligible for FMLA leave, you may take leave if you are unable to work due to a serious health condition under the FMLA.

(Q) I am under the care of a psychologist and attend psychotherapy sessions regularly for anorexia nervosa. Is my leave for treatment related to this condition protected under the FMLA?

Yes. Assuming that you work for a covered employer and are eligible for FMLA leave, you may take leave for treatment visits and therapy sessions for the condition. Under the FMLA, you may use available leave when you are unable to work, including being unable to perform any one of the essential functions of your position, due to a serious health condition, or when you are receiving treatment for that condition.

(Q) My daughter, who is 24 years old, was recently released from several days of inpatient treatment for a mental health condition. May I use FMLA leave for her care?

Yes. Assuming that you work for a covered employer and are eligible for FMLA leave, you may use FMLA leave to care for your child who is 18 years of age or older if the child is incapable of self-care because of a disability as defined by the ADA, has a serious health condition as defined by the FMLA, and needs care because of the serious health condition.

(Q) May I use FMLA leave to attend a family counseling session for my spouse who is in an inpatient treatment program for substance abuse?

Yes. Assuming that you work for a covered employer and are eligible for FMLA leave, you may use FMLA leave to provide care for your spouse who is undergoing inpatient treatment for substance abuse.

(Q) My spouse is a veteran who is suffering from post-traumatic stress disorder (PTSD) since his honorable service discharge last year. May I use FMLA leave for his care?

Yes. An eligible employee who works for a covered employer may use military caregiver leave under the FMLA to care for a relative who is a covered veteran undergoing treatment, recuperating, or in therapy for a serious injury or illness.

(Q) Can my employer move me to a different job when I return from FMLA leave?

On return from FMLA leave (whether after a block of leave or an instance of intermittent leave), the FMLA requires that the employer return the employee to the same job, or one that is nearly identical (equivalent).

(Q) Are employers required to tell their employees of the existence of FMLA and the employee’s right to take FMLA leave?

Every employer covered by the FMLA is required to post and keep posted on its premises, in conspicuous places where employees are employed, a notice explaining the FMLA’s provisions and providing information concerning the procedures for filing complaints of violations of the FMLA with the Wage and Hour Division.

(Q) May I use FMLA leave when I am unable to work because of severe anxiety? I see a physician monthly for this condition to manage my symptoms.

Yes. Assuming that you work for a covered employer and are eligible for FMLA leave, you may take leave if you are unable to work due to a serious health condition under the FMLA.

(Q) I am a caregiver for my brother who is not able to take care of himself. Can I take FMLA leave for his care?

Maybe. FMLA leave to care for a relative is generally limited to caring for a spouse, son, daughter, or parent.

(Q) I use FMLA leave once a month for appointments with a mental health therapist. Is my employer required to keep my mental health condition confidential?

Yes. The FMLA requires your employer to keep your medical records confidential and maintain them in separate files from more routine personnel files.