FMLA Explained: Protected Leave for Caregivers

Caregivers, also sometimes called care partners, play an essential role in providing both practical and emotional support to their family members that have blood cancer. 

Read more about care partner responsibilities. 

Being an active care partner can take a lot of time and effort and there may be times that you need to take time off work to support your family member. In the United States, you can do this with the Family and Medical Leave Act, also known as FMLA.   

What is FMLA?

The Family and Medical Leave Act (FMLA) is a federal law that allows employees caring for family members with certain conditions to take up to 12 weeks of unpaid job-protected leave per year from work. People who take FMLA still receive health insurance benefits.  

Job-protected leave means that when you return to work, you must have the same or an equivalent job with the same pay, benefits, and terms and conditions of employment.  

Who offers FMLA? 

Not every organization is covered under FMLA. Whether an employer is covered depends on the type of organization and its size. The law applies to the following types of employers:

• Private-sector employers with 50 or more employees within 75 miles working 20 or more workweeks in either the current or previous calendar year. 
• Public agencies, including federal, state, and local government employers of any size.
• Local education agencies, including public school boards, public elementary and secondary schools, and private elementary and secondary schools of any size.
• Who qualifies for FMLA?

A person is entitled to FMLA if they meet the following criteria: 

• Their employer is covered under FMLA (see above) 
• They have been working for the company for at least 12 months
• They have worked for their employer for at least 1,250 hours in the last 12 months

For caregivers, it is important to note that FMLA protects leave for you to care for a child, spouse, or parent with a serious health condition, such as cancer.

It also covers: 

• The birth of a child or placement of a child with the employee for foster care or adoption
• The employee or their family member is experiencing a serious health condition
• Leave due to a family member’s military service

What is a serious health condition under the FMLA?

Under the FMLA, a serious health condition is one that causes a person to be unable to work, attend school, or perform other regular daily activities due to the condition itself, the treatment for it, or recovery from it.  

How to request FMLA leave 

There are a few steps you must follow to be approved for FMLA leave. 

Reach out to your employer. First, notify your employer that you need to take leave. They will let you know whether you are eligible within five business days. 

Rights and Responsibilities. Once it has been determined that you are eligible, your employer will provide you with your FMLA rights and responsibilities documents. 

Certification. They may also provide you with a request for certification. You will have your family member’s healthcare provider complete the certification form and you will return it to your employer. Typically, the employee must provide the certification within 15 calendar days after it has been requested by the employer. However, the employer may allow more than 15 days for certification. 

It is important to complete the certification process. Otherwise, protected leave could be denied.

Employer Determination. Once your documentation is reviewed, your employer will notify you whether your leave has been approved and designated as FMLA-protected.

If you are caring for a family member with blood cancer that affects their ability to function day to day and your job participates in FMLA, you are entitled to job-protected leave.

HealthTree is committed to providing resources and information that support people living with blood cancer and their families. You can read more articles like this one by following the link below. 

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 Sources: 

• FMLA Family Caregiver 
• Workplace Protections for Individuals Impacted by Cancer 
• Am I Eligible for FMLA Leave? 
• Information for Health Care Providers to Complete a Certification under the FMLA 
• Medical Certification under the Family and Medical Leave Act