Your mother just came home from the hospital after a heart attack. She needs rides to cardiac rehab three times a week, help with medicines, and someone to sort out home health. You have a full-time job and a boss who's sympathetic but busy. You've heard of FMLA, but you aren't sure it applies to parents, or whether you can take it a few hours at a time.
This guide uses the U.S. Department of Labor's FMLA fact sheet and the federal regulations at 29 CFR Part 825. It's general information, not legal advice. Your employer's HR department, the Department of Labor's Wage and Hour Division, or an employment lawyer can answer questions about your situation.
What FMLA provides
FMLA gives eligible employees of covered employers job-protected leave for qualifying family and medical reasons, and requires employers to keep group health benefits going on the same terms as if they hadn't taken leave1. Caring for a parent who has a serious health condition is one of those reasons1.
Leave may be unpaid, or used at the same time as employer-provided paid leave1. When leave ends, you must be restored to the same or a virtually identical position1.
Who is eligible
You are eligible if you1:
- Work for a covered employer. Private employers with 50 or more employees in 20 or more workweeks this year or last, plus public agencies and schools regardless of size.
- Have worked there 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.
Part-time workers can qualify if they meet the hours test. Leave is measured against your normal schedule: someone who works 32 hours a week can use up to 32 hours of FMLA leave a week for 12 weeks1.
Who counts as a parent
Under FMLA, a parent means a biological, adoptive, step or foster father or mother, or anyone who stood in place of a parent to you when you were a child3. The term doesn't include parents-in-law3. If you want to care for a spouse's parent, check your state's leave law and your employer's policy, which may be broader.
You don't have to be the only person available. The rules say an employee need not be the only individual or family member who could provide care2.
What is a serious health condition
A serious health condition is an illness, injury, impairment or physical or mental condition that involves inpatient care or continuing treatment by a health care provider4. A course of prescription medicine or therapy requiring special equipment, like oxygen, can be part of continuing treatment4. Ordinarily, unless complications arise, things like the common cold or flu don't qualify4.
Many situations families face count: a hospital stay, a stroke or heart attack, cancer treatment, dialysis, dementia, Parkinson's disease, COPD or recovery from a hip fracture. See hip fracture recovery and stroke recovery.
What counts as caring for a parent
The regulations define care broadly. It includes both physical and psychological care, such as when a parent can't take care of their own basic medical, hygiene or nutrition needs or safety, or can't get themselves to the doctor2. It also includes giving psychological comfort and reassurance to a parent with a serious health condition who is receiving inpatient or home care2.
Importantly for families arranging senior care, care also includes filling in for others who usually provide care, and making arrangements for changes in care, such as a transfer to a nursing home2. Touring communities, meeting with a hospital discharge planner or setting up home care can fall within that. See hospital discharge planning and moving a parent to senior living.
Taking leave a few hours or days at a time
You don't have to take all 12 weeks at once. When medically necessary, you can take leave in separate blocks of time or by reducing your daily or weekly hours1. The Department of Labor gives the example of a cook who uses five hours of FMLA leave every other Friday to take his father to dialysis, sharing the job with his wife1.
Intermittent leave to care for a family member covers both conditions that come and go and situations where you're only needed some of the time, for example when other care is usually available or you share caregiving with a sibling or an aide2. That fits many caregivers: a morning off for appointments, a day each week for a parent's chemotherapy, or a few days when a home aide is out.
How to request FMLA leave
- Tell your employer as soon as you can. You must give notice as soon as possible and practical. You don't have to say "FMLA," but you must give enough information that the leave may be covered1.
- Ask HR for the forms. Many employers use the Department of Labor's family member certification form or their own version.
- Get the medical certification completed. Employers may ask for information from the health care provider and must give you at least 15 calendar days to return it, with more time in some circumstances1.
- Have your parent's permission ready. Your parent's provider will need to share information. A HIPAA authorization or health care power of attorney can make this smoother.
- Keep copies. Save the request, the certification and any approval notice.
Talking with your employer
Many caregivers worry that asking for leave will mark them as unreliable. A clear, early conversation usually goes better than a string of last-minute absences. Explain what's happening in plain terms, what kind of schedule you expect (a block of weeks, or a few hours each week), and how you'll handle your work while you're out. You only need to share enough for the employer to know the leave may qualify1; you don't have to give your parent's full medical history to your manager. Put the request in writing, even if you also talk in person, and follow up with HR so the leave is properly designated. If your manager is unfamiliar with FMLA, HR or the Department of Labor fact sheet can explain the basics1.
If your parent lives far away
The care definition doesn't depend on where your parent lives. It includes providing comfort and reassurance to a parent receiving inpatient or home care, and making arrangements for changes in care2, which often means being there in person. Ask HR how travel days will be counted. If you'll be traveling repeatedly, plan intermittent blocks around key moments: a hospital discharge, the first weeks at home, a care plan meeting or a move.
Getting paid during leave
FMLA itself is unpaid1. You may use employer-provided paid leave at the same time if your employer's policy covers that reason, and an employer may require you to use paid leave during FMLA leave1. Check whether your employer's sick leave can be used for family care; some policies only cover your own illness1.
Some states have their own family and medical leave laws, including paid family leave programs, and FMLA doesn't prevent you from using those protections too1. If income is the problem, see how to get paid to care for an elderly parent and caregiver agreements.
Your protections
An employer can't threaten, discriminate against, punish, suspend or fire you for requesting or using FMLA leave1. Examples of violations include writing you up for absences that were FMLA leave, denying a promotion because you used it, or giving you attendance points for it1. Group health coverage, including family coverage, must continue during leave1.
If you believe your rights were violated, you can file a complaint with the Wage and Hour Division or file a private lawsuit1. The division's helpline is listed on its fact sheet1.
If FMLA doesn't cover you
- Check state law. Some states cover smaller employers, in-laws or paid leave1.
- Ask about flexible work. Remote days, shifted hours or a temporary schedule change.
- Use employer programs. Some employers offer caregiver leave or an employee assistance program.
- Line up respite. Adult day programs and respite stays can cover workdays. See respite care and adult day care.
Making the most of your leave
Leave goes fast. Use it to set up support that lasts beyond your time off: arrange home care or a move, organize medicines and appointments, set up bill paying, and talk with siblings about who does what. See long-distance caregiving if you live far away, and caregiver burnout to protect your own health. Our home care guide and the care quiz can help you decide what level of help fits.
An example
Priya works full time at a hospital system. Her father has Parkinson's and recently fell. She requests intermittent FMLA leave, and his neurologist completes the certification. Priya uses a morning a week for appointments and two full weeks to arrange in-home help and later tour assisted living. Her employer requires her to use paid time off during the leave. This is an illustration; how leave applies depends on your employer and state.
