Understanding the Family Medical Leave Act (FMLA) for Caregivers

The FMLA (also referred to as FML) is a U.S. law that helps workers take time off from their jobs to care for a family member who has a serious health problem. It also lets workers take time off for their own health issues or after having a baby. The law makes sure that workers can take up to 12 weeks of unpaid time off in a year without losing their jobs or their health insurance.

Not everyone can use the FMLA. To be able to use it, you need to:

• Work for a company with 50 or more employees in a 75-mile radius.
• Have worked for your employer for at least 1 year.
• Have worked at least 1,250 hours during the year before you want to take time off.

If you meet these requirements, you can use the FMLA to care for:

• Your spouse, child, or parent who has a serious health problem. Certain states have expanded the definition of family to include other members.
• Yourself, if you have a serious health problem.
• A new baby, or if you're adopting a child or becoming a foster parent.

FMLA also applies to families with certain military situations. This includes when an employee’s spouse, child, or parent is on active duty for the National Guard, Reserves, or Regular Armed Forces. There is additional coverage for service people who have a serious injury or illness.

There are some common myths about FMLA for caregivers.

Myth: FMLA only covers maternity leave.

Fact: While FMLA does cover a birth parent's maternity leave, it also covers a nonbirth parent who is caring for their partner or baby. It also covers many other reasons, including the birth or adoption of a child, caring for a spouse, child, or parent with a serious health condition, or the employee's own serious health condition.

Misconception: FMLA leave is paid leave.

Fact: FMLA only guarantees unpaid leave. But employees may be able to use their accrued paid time off (such as sick days or vacation) during FMLA leave. Or the employer may offer paid leave as a separate benefit.

Myth: Employers can deny FMLA leave if it's inconvenient for the company.

Fact: If an employee meets the eligibility requirements and has a qualifying reason, employers are generally required to grant FMLA leave. Employers cannot deny FMLA leave based on inconvenience or workload concerns.

Myth: Taking FMLA leave means job loss or negative consequences.

Fact: FMLA provides job-protected leave. This means that employees have the right to return to their same or an equivalent position after their leave. Employers cannot try to get back against employees for taking FMLA leave, such as by demoting or firing them.

Myth: Only large companies are required to comply with FMLA.

Fact: FMLA applies to all public agencies (including federal, state, and local employers) and private sector employers with 50 or more employees in a 75-mile radius.

If you want to use the FMLA, follow these steps:

1. Talk to your employer. Let your supervisor or human resources department know that you need to take time off to care for a family member. You should do this as soon as you know you need the time off.
2. Get the right forms. Your employer will give you some forms to fill out. These forms will ask for information about your family member's health problem and how long you think you'll need to take care of them. You aren’t required to give your employer your medical records. But they will need enough information to know that you or your family member have a serious medical condition.
3. Have a healthcare provider fill out the forms. Your family member's healthcare provider may need to fill out part of the forms to explain their health problem and why they need your help.
4. Give the forms back to your employer. Once the forms are filled out, give them back to your employer. They will decide if you are eligible to take time off under the FMLA. If you and your company meet the eligibility requirements listed at the beginning of this article, your employer cannot legally deny you use of the FMLA.
5. Keep in touch with your employer. While you're taking time off, stay in touch with your employer. They might need more information or have questions about your situation.

The FMLA is an important law that helps caregivers take time off from work to care for a sick family member. If you need to use the FMLA, talk to your employer, fill out the forms, and stay in touch with them during your time off. Remember, taking care of yourself and your family is important. And the FMLA is there to help you do that.