By Amy Rozanski

For many of us, when we are faced with the fact that someone we love is no longer able to care for themselves any longer, it becomes our unspoken duty to help in any way that we can. Many times it seems impossible, as we already struggle to manage our own lives as best we can. Now, not only do we have our regular duties to schedule, we need to incorporate someone else’s schedule. As caregivers, we know this can be frustrating and exhausting.

Taking Time Off, Courtesy of the Government

The United States Department of Labor created an act in 1993, called the Family and Medical Leave Act (FMLA), which requires employers to grant eligible employees who have been with the company for at least one year up to 12 weeks of unpaid leave every 12 months. This law benefits people who are in a number of situations, including family caregivers. The law states that any person who is caring for an immediate family member such as a spouse, child, or parent, can be granted the leave of absence from their job, and the employer is required to save that person’s position while they are away. This law may be truly beneficial for a caregiver, as the weight of a daily job can be lifted off a caregiver’s shoulders and allow him or her more time to care for their loved one. 

Though our jobs are indeed very important, sometimes our family takes first place. Often, trying to juggle work and family matters can put your job in jeopardy. Taking time off may be a good decision. This doesn’t mean we are any less nervous when speaking with our employers about taking time off, but FMLA sets guidelines which all employers must follow when determining whether or not an employee will be granted time off, and also, how much time will be allowed. If you are truly caring for your loved one and meet all eligibility requirements, then your employer must grant you this time off, and they cannot terminate your employment.

How to Obtain/Apply For FMLA Coverage

The first step to take when applying for this leave of absence is to contact your boss or supervisor, as well as your human resources department. People in one of these areas will be able to provide you with the forms you will need to process your application for your leave as well as any further instructions. You will need to fill out your own personal employee information, as well as information about the person you are caring for. Your family member’s physician will also need to complete sections of the application that outline why the person needs daily assistance, and what medical condition is present in this situation. Each employer will have their own process of determining eligibility. 

Once completed, all of the paperwork must be turned into the appropriate person at your place of employment. Normally, the waiting period of finding out whether or not you were approved for the leave is relatively short. During the time you are waiting to hear the outcome, you are eligible to be off from work. If you are approved for the leave, that time will be counted as part of your 12-week leave. If your application is declined, it will be your responsibility to claim those days as vacation, sick days, or whatever else you may have available to you.

Something to keep in mind is that your employer is not required to grant you the full 12 weeks all at once. Further documentation or paperwork may need to be filled out on a regular basis in order to ensure your family member is still in need of care, and more time will be allotted if deemed medically necessary. At the end of the 12 weeks, the employee is expected to return to work, and before doing so, paperwork may need to be submitted to your employer to officially announce the end of your leave of absence. If an employee fails to return to work on the date the employer provides, it is assumed that the person has resigned from their position, and employment will likely be terminated. 

The Family and Medical Leave Act is a great tool to use when attempting to provide necessary care for your loved one. This fairly new act is a great way to take some of the burden away from the caregiver’s daily routine, resulting in better attention and care for the person who needs the daily assistance. More information on FMLA, including eligibility requirements, can be found at the United States’ Department of Labor Website.