Family Leave (FMLA) for Caregivers: Your Rights and Benefits

Family Leave (FMLA) for Caregivers: Your Rights and Benefits

by Ree Caregiving

According to the U.S. Department of Labor, over 15 million Americans provide unpaid care for elderly relatives, yet many aren’t aware of their rights under the Family and Medical Leave Act (FMLA). For family caregivers juggling work and caregiving responsibilities, FMLA provides crucial job protection and benefits. 

This comprehensive guide will walk you through everything you need to know about FMLA as a family caregiver.

Contents

FMLA Basics

FMLA and its specific provisions for family caregivers

FMLA is a federal law that allows eligible employees to take unpaid, job-protected leave for specific family and medical reasons. For caregivers, FMLA provides the opportunity to take time off work to care for a family member with a serious health condition without risking job loss.

The 12-week unpaid leave benefit

Under FMLA, eligible employees can take up to 12 work weeks of unpaid leave during a 12-month period. This leave can be used all at once or intermittently, depending on your caregiving needs and your employer’s policies.

Covered family members under FMLA regulations

FMLA only allows you to take leave to care for specific relatives:

  • Your spouse
  • Your children (under 18 or adult children unable to care for themselves due to a disability)
  • Your parents

Be sure to review the definitions for each relative according to your state, and note that FMLA does not cover care for in-laws, grandparents, or siblings unless you are their legal guardian.

Different leave options

FMLA offers flexibility in how you take your leave:

  • Continuous leave: Taking all 12 weeks at once
  • Intermittent leave: Taking leave in separate blocks of time for a single qualifying reason
  • Reduced schedule: Temporarily reducing your work hours

For example, if you’re caring for a parent with cancer, you might take intermittent leave for their chemotherapy appointments instead of taking all 12 weeks at once.

Determining Your FMLA Eligibility

Health aide hanging up clothes in elderly woman's closet

Eligibility requirements for employees 

To be eligible for FMLA, you must meet the following criteria:

Employer coverage criteria

FMLA applies to:

  • Private-sector employers with 50 or more employees
  • Public agencies, including local, state, and federal employers
  • Public and private elementary and secondary schools

Qualifying medical conditions for family members

FMLA covers care for a family member with a “serious health condition.” This includes:

  • Conditions requiring an overnight stay in a hospital or other medical care facility
  • Chronic conditions that require treatment at least twice a year
  • Pregnancy (including prenatal medical appointments, incapacity due to morning sickness, and medically required bed rest)
  • Treatment for substance abuse by a health care provider or on referral by a health care provider

State-specific FMLA variations and additional protections

While FMLA is a federal law, some states have their own family leave laws that may provide additional benefits. For example:

  • California offers up to 8 weeks of paid family leave
  • New Jersey provides up to 12 weeks of paid family leave
  • Rhode Island allows for up to 5 weeks of paid family leave

Always check your state’s specific laws, which may offer more comprehensive coverage than federal FMLA.

Requesting FMLA Leave

Required documentation and medical certifications

To request FMLA leave, you’ll need to provide:

  1. Notice of your intent to take FMLA leave
  2. Medical certification from a healthcare provider

You can get FMLA forms from the Department of Labor or your employer’s HR department. Some companies require both.

The medical certification should include:

  • Contact information for the healthcare provider
  • The date the serious health condition began
  • The probable duration of the condition
  • Relevant medical facts about the condition
  • A statement that you are needed to care for the family member

Proper notification procedures and timelines

When requesting FMLA leave:

  • Provide 30 days’ notice for foreseeable leave (such as planned surgeries)
  • For unforeseeable leave, notify your employer as soon as practicable (usually within 1 to 2 business days)
  • Follow your employer’s usual procedures for calling in absences, unless you’re unable to do so due to the circumstances

How to communicate with HR departments

When approaching your HR department:

  • Schedule a meeting to discuss your need for FMLA leave
  • Bring any relevant documentation to support your request
  • Ask about your company’s specific FMLA policies and procedures
  • Discuss how your work responsibilities will be handled during your absence

Keep accurate records

Having complete documentation is important to protect yourself. Be sure to keep detailed records of:

  • All communications with your employer regarding FMLA
  • Copies of all forms and medical certifications submitted
  • Dates and times of FMLA leave taken
  • Any related medical appointments or treatments

These records can be crucial if any disputes arise regarding your FMLA leave.

Managing Your Rights and Responsibilities

Job protection guarantees during leave

Under FMLA, your employer must:

Maintain health benefits while on leave

During FMLA leave:

  • Your employer must maintain your health coverage
  • You must continue to pay your portion of the premium if you normally do so
  • If you don’t return to work after FMLA leave, your employer may require you to reimburse them for their share of health insurance premiums paid during your leave

Return-to-work rights and procedures

When you’re ready to return to work from FMLA leave:

Workplace discrimination or retaliation

It’s important to understand your rights as an employee.

It’s illegal for your employer to:

  • Interfere with your FMLA rights
  • Discriminate or retaliate against you for using FMLA leave

If you believe your FMLA rights have been violated:

  • Document the incidents in detail
  • Report the issue to your HR department or supervisor
  • File a complaint with the U.S. Department of Labor’s Wage and Hour Division
  • Consider consulting with an employment lawyer

Practical Tips for Working Caregivers

You can choose to be a part-time caregiver and employee. Here are some considerations.

Balance your work and caregiving duties

To maintain a healthy work-life balance:

  • Communicate openly with your employer about your caregiving responsibilities
  • Consider flexible work arrangements (such as remote work, flexible hours)
  • Use technology to stay connected and manage caregiving tasks remotely
  • Set boundaries to protect your personal time and prevent burnout

Create a caregiving schedule with FMLA leave

When planning your FMLA leave, it’s helpful to draw out a schedule and routine for your time.

Be sure to:

  • Assess your loved one’s care needs and your work responsibilities
  • Consider using intermittent leave to spread out your 12 weeks over a longer period
  • Create a calendar that outlines your work schedule and caregiving duties
  • Be prepared to adjust your schedule as care needs change

Coordinate with other family members

To share caregiving responsibilities:

  • Hold a family meeting to discuss care needs and divide tasks
  • Create a shared calendar to coordinate appointments and care shifts
  • Use caregiving apps to manage medications, share updates, and track expenses
  • Consider professional respite care services to give family caregivers a break

Financial planning during unpaid leave

young couple budgeting

To manage finances during FMLA leave:

Taking advantage of FMLA benefits can make a significant difference in your ability to care for family members while protecting your career. By knowing your rights and following proper procedures, you can confidently use this federal protection to support your caregiving journey. Remember to maintain open communication with your employer and keep detailed records throughout the process. For specific guidance about your situation, consult with your HR department or an employment law professional.

References

Employee’s Guide to the Family and Medical Leave Act. (2023). U.S. Department of Labor. Retrieved from https://www.dol.gov/agencies/whd/fmla/employee-guide

Fact Sheet #28: The Family and Medical Leave Act.  (2023). U.S. Department of Labor. Retrieved from https://www.dol.gov/agencies/whd/fact-sheets/28-fmla

Family and Medical Leave Act. (2023).  U.S. Department of Labor. Retrieved from https://www.dol.gov/agencies/whd/fmla

FMLA and Family Caregiving: What You Need To Know. (n.d.). Right at Home In Home Care & Assistance. Retrieved from https://www.rightathome.net/blog/fmla-and-family-caregiving

How Do You Sign Up for FMLA? A Step-by-Step Guide. (2024). Upcounsel. Retrieved from https://www.upcounsel.com/how-to-apply-for-fmla

Painter, K. (2024). How Caregivers Can Use FMLA to Care for a Family Member. AARP. Retrieved from https://www.aarp.org/caregiving/financial-legal/info-2019/workers-family-medical-leave-act.html

Simple Definition of Family Medical Leave Act. (2024). ScoliNATION. Retrieved from https://scolination.com/blogs/home-care/simple-definition-of-family-medical-leave-act

State Family and Medical Leave Laws. (2024). National Conference of State Legislatures. Retrieved from https://www.ncsl.org/labor-and-employment/state-family-and-medical-leave-laws

Working Remotely for Almost 20 Years: Why I’ll Never Go Back to the Office

by Ree career
Credit: Neo Latrica for CreateHerStock

What’s more important at work: being physically present, or being productive? I think it’s the latter, but thousands of corporations are now (in 2022) setting their mandates about returning to the office.

Since I’ve been working remotely since 2005, I’m a pro at it, and I love it—I have NO plans to ever work in a corporate office again. This article shares my thoughts about remote work, and findings in the latest HubSpot Hybrid Work Report as a Black woman working remotely in tech for my entire career, both as an employee and an entrepreneur.

Remote-Working OG? That’s me!

I started working from home (WFH) as a “virtual employee” in 2005–that’s how I was referred to within the company. Back then, it was widely referred to as telecommuting instead of remote work, but it’s the same thing. So when the whole world started working from home, I didn’t have to adjust. However, it DID help me leave a job I held for 22 years to move on to greener pastures.

I was the envy of everyone I knew, because not only did I get to work from my house, my employer at the time also allowed me to get reimbursed for my internet and phone expenses, since they were required for my home office. (They were already saving money by letting go of the real estate that held all of our cubicles.)

One of the reasons I stayed with that employer for so long was that I was 100% remote. Somehow, I survived multiple mergers and acquisitions in those 22 years. It’s a known fact that being visible, that is, physically present in an office (”presenteeism”), often weighs in on promotions and upward mobility, regardless of the individual’s contributions and productivity. But thankfully, I’ve never had that problem—one of my promotions happened during a time of layoffs, simply because I kept track of my accomplishments and was vocal about it.

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WFH opened doors wider for freelancing and entrepreneurship

Over my 23-year writing career, I’ve also become a speaker, an author, a life coach, a podcaster, and a professional voice actor. I started all of my businesses while WFH. Sure, I could have done all of those things as a work-from-the-office employee, but not as fast or as effectively. This is especially true when it comes to voiceover work, where auditions come at any time of day, and recording sessions must be done during normal business hours.

Who should be forced to go back to the office?

Some types of work are obviously most suited to be in-person, face-to-face. But what about those who have successfully been WFH during the pandemic with no adverse affects to the quality of their work or productivity with their teams?

It depends on whether your leadership values presenteeism over productivity.

First, the phrase “return to work” should be called “return to office” instead — we’ve been working hard at home too. Sometimes harder than when we were at the office (for those who don’t have strong boundaries around their work schedules and personal lives).

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The Great Resignation is still in full effect. A recent Inc. article says that over 50% of employees plan to look for new jobs unless leaders do specific things regarding recognizing workers’ contributions, diversity and inclusion, and work/life balance. (The findings in that article came from a Workhuman research report).

I’ve been looking at some other recent reports too. Findings from the HubSpot 2022 Hybrid Work Report released in January reveal several interesting findings in its concise 8 pages.

They surveyed 4K workers in 8 markets, and reviewed comments from 6K hybrid-only employees. 39% wanted to stay at home, 18% want to go back, and the rest, 43% wanted to keep their hybrid arrangement. The most interesting stat I found: 36% said they’d rather go to the dentist very month than commute to work every day!

WFH is not necessarily isolating

Many of the HubSpot respondents felt disconnected or isolated from their teams by working from home, and this seems like a no-brainer. However, I wonder what about whether these folks’ personality types are introvert, extrovert or ambivert?

I’m an ambivert, and while I get a lot of energy from others, I cherish my alone time too. While I’ve dealt with chronic loneliness, I rarely feel lonely WFH. I prefer to be alone (not being alone means you’re lonely—it doesn’t). To be most productive, I need to work in a calm, quiet environment to concentrate.

Regardless of your preference to work with people around or not, you may not feel isolated just because you WFH alone.

Productivity and boundaries

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Speaking of productivity, 70% of respondents said that too many calls and meetings are disruptive to their concentration and 58% feel at least half the meetings they joined could have been emails instead. 68% prefer only email or video calls for workplace communication.

I would think that Slack would be included in that preference. Like many tech companies, I work in a place where Slack is used heavily throughout the company instead of email. There are several of my co-workers have explicitly stated that they check their email very infrequently, and prefer Slack.

50% of respondents said their productivity is the same when WFH as when they weren’t, while 39% say their productivity has improved. But 58% still struggle with boundaries between work and personal life. It’s so easy to work longer hours in your house, with so many conveniences right there.

So again I ask: what’s more important at work: being physically present, or being productive?

“Anonymous” surveys, transparency
and implementation

31% of respondents (especially Black workers) said that opportunities to provide feedback anonymously would help them feel more supported and included at work. This is not a surprise to me! I just wonder how many of those surveys are counted. Are surveys sent to employees only, or contractors and freelancers too?

Where I currently work, I’m a contractor and not eligible for these kinds of surveys, even though I’m doing the same work as employees in my department. To give you an idea, there are about 20 writers in my department, but only 5 are employees. The rest of us are contractors. Therefore, 5 people are speaking for all of us, and we as contractors don’t have a voice, even though many of us stick around for more than 6 months, which is long enough to comment on what the work environment is like, whether we’re WFH or not. Contractors do all the same work that the employees do, dealing with most of the same problems, if not more.

People need to be able to provide feedback anonymously so they can feel free to express their true feelings without consequences or retaliation. I talked to a family member about this, and she said that some leaders have access to filter the results by cost center or department. (This makes the results seem less anonymous, especially if you have a department like the one I described with only 5 employees.) When you consider the limited space for answers, and no nuances from voice and tone, the answers can be taken the wrong way and easily misinterpreted. Sentiments like hers make her feel like it’s easier to not be 100% transparent, because otherwise, there could be repercussions.

Another important thing to consider is, who is implementing the feedback? When a company gets free-form responses where workers are expressing their pain points, what does the leadership do about it? How do you know if they plan to address the issues?

Valuing freedom and autonomy over money

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Everyone needs money to live, and it’s certainly a big factor when deciding where, and for whom to work. But it’s not everything.

If your workers and business are thriving while WFH, let them continue to do so if they want. If they want to maintain a hybrid schedule where they work for only part of their week in the office, let them do so.

Bottom line? We all have choices. Let people do their best work in the best way for them.