Introducing a new series: Understanding Your Caregiver Rights
There’s no denying the fact that caregivers and those they care for can get easily overwhelmed by all of the options and hurdles placed in front of them. Insurance and government & social services meant to protect and assist them are all really helpful tools, but are often difficult to navigate and understand, and it can feel even more challenging when you’re trying to do this while also just meeting your loved one’s and your own basic needs.
As social workers who are friends with countless other social workers, we understand. Laura and I recently had a conversation with another social work friend who was trying to navigate their options with their family to get assistance for their grandparent who was dealing with dementia. Even with all of the knowledge and experience this group brought to the table, we found ourselves throwing our hands in the air at times. Do they qualify for this waiver based on their income? Can their child call and get questions answered on their behalf? What would their insurance cover? Are there options out there that could meet their needs but help them stay in their own home, or would they have to move them to a facility? What would happen to their assets? It can quickly get overwhelming, even for those of us who have experience navigating these systems.
While we can’t answer your specific questions about what situation might be right for you, one thing we can do is help break down some of these complex systems and resources into more manageable bites of information and offer some ideas for how to explore what will work best for you and your family. Our ‘Understanding Your Caregiver Rights’ series will help break down some of the most common questions we get from caregivers.
Have a question or idea for something you want us to break down? Shoot us a message.
About Family Medical Leave Act
Nearly every caregiver I speak with, no matter their age, encounters a time in their caregiving journey where taking some time off of work to care for their loved one, or themselves, becomes necessary. But understanding your rights as a worker to take the time necessary can be challenging.
You may have already encountered having to discuss with your employer the situation you’re facing. But if you’re facing a situation where you need to take more than a few days off of work to coordinate or provide care, you may be wondering how to navigate these requests. Are you required to use all of your PTO before tapping into additional benefits? Can your employer terminate you if you take too much time off? And for younger caregivers who might not have the benefit of seniority, strong relationships with their superiors, or experience negotiating these things with their superiors and HR, it can be even more challenging to know how to navigate.
In addition to the challenges you might face with your employer, knowing how to navigate federal and state laws and benefits is often particularly difficult, filled with legal jargon, and unclear who to contact if you have questions. So today, we’re going to do our best to break down FMLA – what it is, what it means for you, and how to ask for help.
Keep in mind that while we’re social workers and have a fair amount of experience with programs like FMLA, we’re not experts in your situation. So if you still have questions after reading this, connect with your HR manager or supervisor to know what steps you personally need to take in order to take advantage of this benefit and any others that might be available to you through your employer.
What the heck is FMLA anyways?
FMLA stands for Family and Medical Leave Act. The Family and Medical Leave Act was passed in 1993 to help folks balance the demands of work life and family. It’s a federal labor law that entitles eligible employees to take unpaid, protected leave for family or medical reasons, all while continuing to receive full group health insurance benefits as if they were still working.
Eligible employees can take twelve weeks unpaid, job-protected leave within a 12-month period for circumstances such as:
- For the birth and care of the newborn child of an employee;
- For placement with the employee of a child for adoption or foster care;
- To care for an immediate family member (i.e., spouse, child, or parent) with a serious health condition; or
- To take medical leave when the employee is unable to work because of a serious health condition.
If your family member is a serviceperson with the Armed Forces, additional coverage is included.
For those who are eligible, FMLA allows you to take up to 12 weeks of unpaid leave each calendar year without the threat of losing your job. Leave can be taken all at once, or spread out over a period of time. It ensures that when you return to your position, it must be as you left it, meaning you cannot be fired or demoted for taking FMLA. FMLA also requires that your employer continue to provide you access to health benefits as if you were working.
Are you eligible for FMLA?
Finding out if you are eligible can be a little tricky. Both you and your employer must meet certain requirements in order to offer and receive FMLA benefits.
ELIGIBLE EMPLOYERS:
When it comes to FMLA, not all employers are created equally, so to find out if you’re eligible, you should first look to your employer.
- Public agencies and public & private schools must provide eligible employees with FMLA.
- Private employers must provide eligible employees with FMLA if they employee at least 50 employees for at least 20 work weeks during the current or previous year.
While this seems easy enough, it’s not always clear cut. If you’re unsure, check with your employer.
If you’re a long-term caregiver considering a new position, it’s usually a good idea to ask about these things during onboarding and to understand your rights from the start.
If your employer isn’t required to offer you FMLA benefits, don’t worry just yet! We’ll do another post about navigating other benefits soon, but for now – start by contacting your HR team to inquire about options available to you.
As someone who has worked for several companies not required to comply with FMLA in the past, I find many good companies have family leave policies that are similar (or sometimes even better!), that you might take advantage of.
In either case, if you have the luxury of time, providing advance notice and working to develop a plan for your leave is always preferable, and I encourage you to do so whenever possible – it will be less stressful for you to know you’re leaving, having set you and your team up for success.
ELIGIBLE EMPLOYEES:
Once you’ve established that your employer is required to comply, the next step is to check if you are eligible.
Employers are required to offer you this benefit if you’ve worked for the employer for a minimum of 12 months and at least 1,250 hours in that time. Employers will sometimes reference the Fair Labor Standards Act to determine if you’ve met this requirement.
How do I know if my situation qualifies for FMLA?
You are entitled to utilize FMLA for any of the following reasons:
- The birth of a son or daughter or placement of a son or daughter with you for adoption or foster care;
- To care for a spouse, son, daughter, or parent who has a serious health condition;
- For a serious health condition that makes you unable to perform the essential functions of your job
- For any qualifying need arising out of the fact that a spouse, son, daughter, or parent is a military member on covered active duty or call to covered active duty status.
Do I have to give advance notice of my intent to take leave?
The short answer is yes. Once you’ve confirmed that you’re eligible and your employer is required to comply, you need to apply for FMLA, which includes notification of the dates of intended leave. It is always preferable to give as much advance notice as possible, and in most cases – it is required to provide at least 30 days notice when the event is “foreseeable”, such as birth or adoption.
Once you submit your application, your employer has 5 business days to notify you if you’re eligible and to provide you with written FMLA rights and responsibilities. At this time, your employer may also request certification, meaning they can ask you to provide documentation that supports your leave from a health care provider. You can learn more about that here. If requested, you have 15 days to comply. Your employer must provide you a notification of approval or denial within 5 business days.
Will I be paid during FMLA?
Typically, no. FMLA only addresses unpaid leave situations. However, many states have their own benefits which vary greatly, and employers are increasingly providing their own leave benefits, particularly since the start of the COVID-19 pandemic. We recommend that you inquire about these options as early as possible to help you take advantage of all options available to you.
As caregivers, we know that navigating benefits like FMLA can be tough. In addition to contacting your HR department, you may also consult your loved one’s care team who may also be able to help provide you with information related to your rights. Many states also have organizations like Legal Aid here in Minnesota, or other nonprofit organizations who can help provide pro-bono or low-cost advice on issues such as these.
And don’t forget – while in many cases you might be considering utilizing FMLA to take care of your loved one, you’re also allowed to utilize FMLA to care for yourself. So if you’re struggling with your own mental or physical health, be sure to inquire about this and other benefits that you can use.
We hope you found this helpful. If you have ideas about other complex topics you’d like us to break down, please let us know by contacting us. And, if you know someone who is an expert at explaining challenging topics such as these, we want to connect with them, too!
Disclaimer: Though we are social workers and consider ourselves knowledgeable about these subjects, all the information provided in this post is not to be taken as legal or professional advice. It is published in good faith and for general information purposes only. While we do our best to ensure the information we’re providing is accurate and reliable, we always encourage you to connect directly with your employer, government, and/or service providers to ensure you have all of the information you need to make the right decision for your unique situation and family.