FMLA for Caregivers: Your Rights to Take Leave for Aging Parents

What is FMLA?

The Family and Medical Leave Act is a federal law enacted in 1993 that allows eligible employees to take unpaid, job-protected leave for specific family and medical reasons. FMLA was designed to help workers balance their job responsibilities with family needs without sacrificing their career.

Key FMLA Provisions

• 12 weeks of leave: Up to 12 workweeks of unpaid leave in a 12-month period
• Job protection: Your employer must restore you to the same or equivalent position
• Benefits continuation: Health insurance coverage continues during leave
• Flexible use: Leave can be taken all at once or intermittently
• No retaliation: Employers cannot punish you for using FMLA

FMLA-Qualifying Reasons

FMLA leave can be used for:

• Birth and care of a newborn child
• Placement of a child for adoption or foster care
• Care for a spouse, child, or parent with a serious health condition
• Your own serious health condition that prevents you from working
• Qualifying exigencies related to military service
• Care for a covered servicemember with a serious injury or illness

Eligibility Requirements

Not everyone automatically qualifies for FMLA. You must meet three criteria:

1. Employer Coverage

Your employer must be covered by FMLA. Covered employers include:

• Private employers with 50 or more employees within 75 miles
• All public agencies (federal, state, local government)
• All public and private elementary and secondary schools

If your employer has fewer than 50 employees, federal FMLA doesn't apply. However, your state may have broader family leave protections.

2. Length of Employment

You must have worked for your employer for at least 12 months. These 12 months don't need to be consecutive—if you worked for the same employer previously, that time counts.

3. Hours Worked

You must have worked at least 1,250 hours during the 12 months before taking leave. This averages to about 24 hours per week.

Covered Family Members

FMLA allows leave to care for specific family members. Understanding who qualifies is essential.

Parents Covered Under FMLA

FMLA covers leave to care for your:

• Biological parents
• Adoptive parents
• Stepparents
• Foster parents
• Anyone who stood "in loco parentis" (acted as your parent when you were a child, such as a grandparent, aunt, or other person who raised you)

Who is NOT Covered

Importantly, federal FMLA does NOT cover leave to care for:

• Parents-in-law (your spouse's parents)
• Grandparents (unless they raised you in loco parentis)
• Siblings
• Other relatives (aunts, uncles, cousins)
• Close friends, regardless of relationship

Proving In Loco Parentis

If you were raised by someone other than your biological parents, you may need to demonstrate that relationship. Factors considered include:

• The age when the person assumed parental responsibilities
• The duration of the relationship
• The extent of financial support provided
• The degree of day-to-day care and supervision

What Qualifies as a "Serious Health Condition"

FMLA only covers leave to care for a parent with a "serious health condition." The law defines this broadly, and most conditions requiring significant caregiving qualify.

Qualifying Conditions Include:

Common Parent Conditions That Qualify

• Cancer and related treatments
• Heart attack, stroke, heart disease
• Alzheimer's disease and dementia
• Major surgery and recovery
• Serious injuries requiring care
• Kidney disease requiring dialysis
• COPD and serious respiratory conditions
• Parkinson's disease
• End-of-life/hospice care

What Doesn't Qualify

Minor illnesses that don't require ongoing treatment generally don't qualify:

• Common cold or flu (unless complications develop)
• Minor ailments like earaches or upset stomach
• Routine dental work
• Conditions not requiring treatment by a healthcare provider

Types of FMLA Leave

FMLA leave can be taken in different ways depending on your caregiving needs.

Continuous Leave

This is leave taken in one block of time. For example, taking six weeks off after your parent has major surgery, or taking leave to provide care during a parent's final weeks of life. Continuous leave is used when you need extended, uninterrupted time away from work.

Intermittent Leave

This is leave taken in separate blocks of time for a single qualifying reason. Examples include:

• Taking time off for your parent's chemotherapy appointments
• Missing work when your parent's chronic condition flares up
• Attending medical consultations or planning meetings
• Being absent when your parent is hospitalized

Intermittent leave is particularly valuable for caregivers because elder care often involves unpredictable needs and regular medical appointments rather than one continuous crisis.

Reduced Schedule Leave

This reduces your usual weekly or daily work schedule. Examples include:

• Working 30 hours instead of 40 to have time for caregiving
• Coming in late to help your parent with morning care
• Leaving early to relieve a day shift caregiver

How to Request FMLA Leave

Requesting FMLA leave involves several steps. Following proper procedures protects your rights.

Step 1: Provide Notice

You must give your employer notice of your need for FMLA leave:

• Foreseeable leave: If you know in advance (scheduled surgery, planned treatment), you must provide 30 days' notice or as soon as practicable
• Unforeseeable leave: If the need is unexpected (emergency hospitalization, sudden decline), notify your employer as soon as possible—typically within one or two business days

You don't need to specifically mention "FMLA" when requesting leave. It's enough to explain that you need time off to care for your parent who has a serious health condition.

Step 2: Complete Required Forms

Your employer may require you to complete an FMLA request form. More importantly, employers can require medical certification of your parent's serious health condition. The certification form asks the healthcare provider to confirm:

• The date the condition began
• Expected duration of the condition
• Medical facts about the condition (without specific diagnosis if employee doesn't want to share)
• Whether the patient requires assistance with activities of daily living
• Estimated frequency and duration of leave needed

You typically have 15 calendar days to return the completed certification. Get it completed promptly to avoid delays in your leave being approved.

Step 3: Employer Response

Within five business days of your request, your employer must:

• Tell you whether you're eligible for FMLA
• Provide information about your rights and responsibilities
• If eligible, designate your leave as FMLA-protected

Your Job Protection Rights

FMLA provides strong protections for your job, but it's important to understand exactly what's protected.

Restoration Rights

When you return from FMLA leave, your employer must restore you to:

• Your same job, or
• An equivalent position with the same pay, benefits, and terms of employment

An "equivalent position" must have the same or substantially similar duties, skills, effort, responsibility, and authority. Your employer can't demote you or give you a lesser position as a result of taking FMLA leave.

Protection from Retaliation

Your employer cannot punish you for taking FMLA leave. Prohibited retaliation includes:

• Firing you for taking leave
• Demoting you or reducing your pay
• Giving you less favorable assignments
• Disciplining you for absences covered by FMLA
• Counting FMLA absences against you for attendance purposes
• Creating a hostile work environment to pressure you to quit
• Denying promotions you would otherwise have received

Exceptions to Job Protection

Job protection doesn't mean absolute immunity. Employers can still:

• Eliminate your position for legitimate business reasons unrelated to your leave
• Discipline you for conduct unrelated to FMLA
• Terminate you if you would have been laid off regardless of leave
• Deny restoration to "key employees" in limited circumstances (highest-paid 10% of workforce)

Pay and Benefits During Leave

FMLA is Unpaid Leave

It's important to understand that federal FMLA is unpaid leave. Your employer is not required to pay you during FMLA leave. However, there are ways to receive income:

Using Paid Leave Concurrently

You can use accrued paid time off during FMLA leave:

• Employee choice: You may choose to use vacation, sick leave, or PTO during FMLA
• Employer requirement: Your employer may require you to use accrued paid leave
• Both run concurrently: If you use paid leave, it counts toward your 12 weeks of FMLA—you don't get extra time

Health Insurance Continuation

Your employer must maintain your group health insurance coverage during FMLA leave under the same terms as if you were working. This means:

• Same coverage you had before leave
• Same employer contribution toward premiums
• You may still be responsible for your share of premiums

If you don't return from FMLA leave, your employer may in some cases recover the premiums they paid during your leave.

Other Benefits

FMLA doesn't require employers to continue accruing benefits during unpaid leave. You may not continue to earn:

• Vacation or PTO accrual
• Seniority (though you don't lose existing seniority)
• Pension or retirement contributions

Check your employer's policies—some continue these benefits voluntarily.

State Family Leave Laws

Many states have enacted family leave laws that provide protections beyond federal FMLA. These laws may:

• Apply to smaller employers
• Cover more family relationships (including in-laws)
• Provide paid leave instead of just unpaid leave
• Offer more weeks of leave
• Have different eligibility requirements

States with Paid Family Leave Programs

As of 2024, states with paid family and medical leave programs include:

Programs vary significantly—check your state's specific program for eligibility, benefits, and covered family members.

States with Broader Unpaid Leave

Some states have unpaid family leave laws that cover smaller employers or more family members than federal FMLA. Check your state's Department of Labor website for specific protections.

When FMLA Doesn't Apply: Alternative Options

If you don't qualify for FMLA or have exhausted your 12 weeks, consider these alternatives:

Company Leave Policies

Many employers offer leave policies that go beyond FMLA requirements. Check your employee handbook or ask HR about personal leave, extended leave programs, or caregiver-specific benefits.

Short-Term Disability (for your own health)

If caregiving stress is affecting your own health, you may qualify for short-term disability. This requires documentation from your healthcare provider.

Flexible Work Arrangements

Instead of formal leave, ask about:

• Remote work or telecommuting
• Flexible hours or compressed workweeks
• Part-time transition
• Job sharing

Leave of Absence

Employers may grant unpaid personal leaves of absence at their discretion. While not guaranteed like FMLA, many employers accommodate employees facing family crises.

Employee Assistance Programs (EAP)

Many employers offer EAPs that include eldercare resources, counseling, and referral services. These can help you find care solutions that reduce the need for extensive time off.

Talking to Your Employer About Caregiving

How you communicate with your employer about caregiving needs can affect your working relationship and the support you receive.

Before the Conversation

• Know your rights under FMLA and any state laws
• Review your company's leave policies
• Prepare to explain what you need (not every detail of your parent's condition)
• Think about solutions, not just problems

During the Conversation

• Be professional: Present this as a work issue that needs a solution, not a personal crisis
• Be specific: "I need to take two days per week for the next six weeks" is better than "I need time off sometimes"
• Offer solutions: Suggest how your work can be covered or how you'll stay connected
• Commit to communication: Assure your employer you'll keep them informed of changes

Sample Language

Document Everything

Keep records of all communications about your leave request: emails, notes from conversations, copies of forms submitted. This documentation protects you if questions arise later.

Frequently Asked Questions

Protecting Your Career While Caring for Your Parent

Balancing work and caregiving is one of the most challenging aspects of caring for an aging parent. FMLA exists because society recognizes that family caregivers need job protection to fulfill their caregiving responsibilities without sacrificing their careers.

Knowing your rights is the first step. Many eligible employees don't take FMLA because they're unaware of their protections or fear employer pushback. But FMLA is a legal right—not a favor. Your employer cannot legally retaliate against you for using leave you're entitled to.

If you're struggling to balance work and caregiving, don't wait until you're in crisis. Have proactive conversations with your employer, explore flexible work options, and use your FMLA leave strategically to maintain both your career and your caregiving role.

For more support in managing your caregiver well-being while working, see our guides on preventing burnout and setting healthy boundaries.