In 1993 the Family Medical Leave Act (FMLA) was enacted to help protect the rights of family caregivers. Under the FMLA, qualifying employees are allowed to take up to 12 weeks of unpaid leave, during any 12-month period, to care for close relatives (parents, children, or spouse). In addition, it offers job protection, guaranteeing that the employee’s position will await him or her upon return to work and that an employee cannot be demoted or terminated as a result of the leave.

“One of the biggest misconceptions I see is that caregivers don’t really believe or understand their rights under the FMLA,” said Carl Bosland, a Denver attorney who specializes in the FMLA law. “In fact, it’s a legal entitlement; if they are eligible employees, they have the right to take leave and employers are prohibited from taking adverse action against them.”

Conversely, more than half of working Americans aren’t covered by the FMLA. Compa-nies in the public sector are protected, but some in the private sector are exempt. “In the private sector, you need to work for an employer with over 50 employees,” said Bosl and. “If you determine that you work for a covered employer then you still need to meet some additional eligibility requirements.”

Also, another common misconception is that the FMLA covers all family members. FMLA only applies in certain circumstances; those caring for in-laws, siblings, or grandparents will not qualify for its protections. And, the FMLA only covers unpaid leave, which may not be viable for some family caregivers.

To check your eligibility, visit the Department of Labor’s website.

If the FMLA doesn’t provide adequate protection, check your local state or community laws. There is also the National Family Caregiver Support Program, a federal measure passed under the Older Americans Act, which offers older Americans and their caregivers various types of home and community-based short-and long term care options.

Family caregivers should discuss their situation with their employer or HR manager to find the best policies and guidelines that work for them. “See what types of support resources are out there,” said Kari Wolkwitz, policy specialist at the National Family Caregiver Alliance, “They may increase the amount of time a person could take off.”

Resources:

Family Medical Leave Act

Taking Time Off

Department of Labor - the Family Medical Leave Act

Filed under: Working Caregivers