FMLA for caregivers allows eligible employees of covered employers to take up to 12 workweeks of unpaid, job-protected leave in a 12-month period to care for a spouse, child, or parent with a serious health condition. Leave can sometimes be taken intermittently or on a reduced schedule when medically necessary.
Many working adults in El Paso balance jobs and caring for parents. This overview explains the basics; your employer and the Department of Labor can confirm details.
What FMLA for Caregivers Provides
According to the U.S. Department of Labor’s Family and Medical Leave Act page, the FMLA entitles eligible employees to unpaid, job-protected leave for qualifying reasons, and requires employers to continue group health benefits under the same terms during leave.
Qualifying reasons include caring for a spouse, child, or parent who has a serious health condition. The definition of parent includes biological, adoptive, step, or foster parents, or someone who stood in the role of a parent, but it does not include parents-in-law.
Who Is Eligible
The Department of Labor lists these employee requirements:
- Work for a covered employer for at least 12 months
- Have at least 1,250 hours of service in the 12 months before leave starts
- Work at a location where the employer has at least 50 employees within 75 miles
Covered employers include private employers with 50 or more employees in 20 or more workweeks in the current or previous year, public agencies, and schools. Some states offer additional protections, so check with your state labor department as well.
Intermittent and Reduced Schedule Leave
Caregiving needs often come in waves. FMLA leave may be taken intermittently, in separate blocks of time, or on a reduced schedule when medically necessary for a family member’s serious health condition. This can help with recurring appointments, flare-ups, or recovery periods after a hospital stay.
Leave can be counted in hours or even smaller increments in some cases, so you do not always have to take full days.
Military Family Leave
The FMLA also includes military family leave. Eligible employees may take leave for certain qualifying exigencies related to a family member’s covered active duty, and up to 26 workweeks in a 12-month period to care for a covered servicemember with a serious injury or illness. This is important for many Fort Bliss-connected families.
How to Request FMLA Leave
- Talk with your HR department as early as possible.
- Ask for your employer’s FMLA forms and policies.
- Your employer may request certification from your parent’s healthcare provider.
- Keep copies of all forms and correspondence.
- Plan coverage for your parent on days you are working.
The Department of Labor publishes free employee guides to the FMLA, including Spanish-language materials for military family leave.
Planning Care Around Unpaid Leave
Because FMLA leave is unpaid, many caregivers cannot use all 12 weeks. Families often combine leave with paid time off, help from relatives, and part-time professional support. Respite care, even a few hours a week, can make it possible to keep working while ensuring a parent is safe and has company.
Talk honestly with siblings about sharing the load so one person is not carrying all the leave and lost income.
Talking With Your Employer
Many employees hesitate to discuss caregiving at work. Being prepared can make the conversation easier. Explain the situation briefly, share the type of leave you might need, such as intermittent days for appointments, and ask what forms and notice are required. Keep the discussion focused on how you plan to manage your work.
Explore other workplace options
Beyond FMLA, some employers offer flexible schedules, remote work, employee assistance programs, or paid family leave policies. Ask HR what is available. Employee assistance programs often include free counseling and referrals to elder care resources.
Keep records
Write down dates of leave, conversations with HR, and copies of certification forms. Good records help prevent misunderstandings and protect your rights. If you believe your FMLA rights were violated, the Department of Labor’s Wage and Hour Division can answer questions.
FMLA and Your Parent’s Doctor
Your employer may ask for certification of your parent’s serious health condition. Ask the doctor’s office early how they handle FMLA paperwork and how long it takes, since forms often need a signature from the treating provider. Your parent may need to sign a release so the doctor can share information. Keep copies of everything, and note when certifications must be renewed.
Covering the Days You Are at Work
FMLA protects your job, but it does not cover every shift. Our respite care services page explains how a caregiver can stay with your parent on workdays or during your leave gaps, and family home care support has more about how we work with families. Call (915) 307-6103 to line up coverage.
Frequently Asked Questions
Can I use FMLA to care for my elderly parent?
Yes, if you are an eligible employee of a covered employer and your parent has a serious health condition, you may qualify.
Is FMLA leave paid?
FMLA leave is unpaid, but your employer may allow or require you to use paid leave at the same time. Check your employer’s policy.
Can I take FMLA in small blocks of time?
Yes, intermittent or reduced schedule leave may be used when medically necessary for a family member’s serious health condition.
Does FMLA cover caring for a parent-in-law?
The FMLA definition of parent does not include parents-in-law, according to the Department of Labor.
How much notice do I need to give for FMLA leave?
When leave is foreseeable, employees generally should give notice in advance; when it is not, as soon as practical. Check with your employer and the Department of Labor for the specific rules that apply.