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Is it called 'family leave' if I go to Taiwan to bring back my family's ashes to USA.

Old Bridge, NJ |

I don't have any vacations or sick times left at my job, and I need to bring my grandmother's remains to USA immediately. I'm a US citizen and I just found out that a school in Taiwan bought the cemetery my grandmother was buried and will be moving the remains. Can I use family leave to justify my work absentee? And, if I can't, what can I use?

Attorney Answers 4


I don't believe your circumstances qualify for leave under the FMLA. Perhaps there is a state law that will apply. Consult a local employment attorney.

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Both the federal government and New Jersey have leave schemes set up for people to cope with medical emergencies. I don't see how this situation fits at all. Good luck.

A response to a question posted on Avvo is not intended to create an attorney-client relationship. It is informational only. Allan E. Richardson, Esq. Richardson, Galella & Austermuhl 142 Emerson ST., Woodbury, NJ 08096 856-579-7045.

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Your circumstances might be sufficiently compelling to persuade HR to grant you leave under a company bereavement policy. As a boss, I lnow that I would approve it, on an unpaid basis -- if you had no paid time left.

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New Jersey Family Leave is meant for employees to take leave to care for the well-being of an immediate family member. Since that is not what you are doing here, I agree that you would have to request some sort of bereavement leave instead.

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