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Caregivers And The Family & Medical Leave Act (FMLA)


Thanks to the federal Family and Medical Leave Act (FMLA), employee caregivers to take up to 12 weeks of time off work to care for a spouse, child or parent with a serious health condition (as well as other reasons which are beyond the focus of this web site).

Basically, the legal requirements and rights with respect to caregivers are the same as those as an employee who is protected by the FMLA. For example:

  • The employer must be a covered employer
  • The caregiver employee must be a covered employee
  • The employer can request certification from a health care provider about the nature of the ill person's health condition
  • While there is no requirement for continuation of salary,  health benefits are protected.  If a caregiving employee was covered under group insurance prior to leave, the employer must continue this coverage and to make arrangements for the employee to pay premiums while on leave. 
  • Your job is protected uless you are a "key employee". 

Rather than repeat those rights and obligations, including the practical aspects such as whether the time has to be taken at once or can be taken a bit at a time, see the Survivorship A to Z discussion about the Family and Medical Leave Act by clicking here.

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