Using the Family & Medical Leave Act to Care for Aging Parents or Other Loved Ones

Overview of the FMLA

What is the Family and Medical Leave Act?  The Family and Medical Leave Act (FMLA) is a federal law that provides you with the right to take time off work when you need to care for an aging parent or other loved one.  It helps one to balance their job with their family responsibilities by allowing them to take up to 12 weeks' unpaid leave during a 12-month period without risking the loss of one’s employment or employer-provided health insurance. 

The similarity in name and purpose between these two federal acts can be confusing and therefore a distinction should be made. The FAMILY Act is short for the Family and Medical Insurance Leave (FAMILY) and is less formally referred to as the Paid Family Leave Act. It is a bill that was first introduced to Congress in 2013, but still has not passed as of May 2017, and is not a federal law. Its objective is to provide participants with up to 12 weeks' paid leave, funded by payroll contributions from employees and employers. The FAMILY Act is based on those states (California, New Jersey, Rhode Island, and in 2018, New York) that offer paid family leave insurance programs. To be absolutely clear, the FAMILY / Paid Family Leave Act is not yet an option for families in states other than these four.

 The FMLA does not provide you compensation as a caregiver.  However, there are other programs and paid family leave laws that help to offset lost income. Learn about them.



Am I eligible to take leave under the FMLA?  There are three levels of eligibility for the FMLA.  There are criteria that apply to the individual taking leave from their job, there are criteria that apply to the individual who requires care and finally there are criteria that apply to one's employer. 

Individual Requirements

The person taking leave must have worked for their current employer for a minimum of 1,250 hours over a 12-month period. Part-time employees are eligible if they have averaged at least 24 hours / week.  

Employer Requirements

Only employers with at least 50 employees are required to participate in the FMLA program. Furthermore, the 50 employees are required to work within a 75-mile radius. However, there are exceptions to the 50-employee minimum rule. All schools, as well as federal, state, and local government agencies are considered to be "covered employers," regardless of their number of employees. All members of the military are also included.

Care Recipient Requirements

The care recipient must be either the spouse (this includes same sex marriages) or a parent of the individual who wishes to take leave. Certain exceptions exist for adoptive parents and for relatives who cared for the individual as a child. For example, if one was raised by his or her aunt or grandmother, then he or she could qualify for the FMLA. This provision is referred to as in loco parentis. One cannot take leave to care for their mother-in-law or father-in-law.

The care recipient also must have a "serious health condition". This is loosely defined, but suffice to say that most conditions impacting aging individuals will qualify. For example, Alzheimer's, dementia, stroke, or any other chronic conditions that require regular treatment by a health care provider will make the care recipient eligible.



How can I use my FMLA?  The FMLA offers up to 12 weeks of unpaid leave.  For military personnel, this is extended up to 26 weeks (called military caregiver leave).  During this period, their health care coverage is preserved.  One can take their FMLA leave continuously or intermittently. Continuous leave is leave taken all at once.  Ax example would be three successive weeks of leave taken to care for a loved one who is recovering from major surgery. Intermittent leave is leave taken as several, separate blocks of time and may include occasional hourly or daily absences from work. For example, one could take leave at a rate of one day each week for 12 months (which equals approximately 12 weeks total).  While on leave, the individual's job (or a job of similar pay, benefits and responsibilities) is held for them.  Their healthcare insurance coverage is also maintained for them.  However, they do not receive payment for the hours or days they do not work. 


Application Process

How do I apply for FMLA leave?  If you are eligible for FMLA leave, you must provide your employer with at least 30 days' advance notice of your intention to take leave. Your employer may require you to use any paid leave you have accrued before you take FMLA leave. However, any paid leave you take will not count against the 12 weeks' unpaid leave you are entitled to under the FMLA. If your need for leave is unforeseeable, you must notify your employer of your intention to take your leave as soon as you can.

If your employer requests it, you must obtain medical certification to support your application. (In most cases, one has 15 days to provide this). The certification must include information that establishes that your relative requires care. If your relative's care requires you to take intermittent leave, it must indicate the frequency and duration of the leave.

One can download the necessary form here, which they should then complete and submit to their employer.