Using FMLA Leave to Care for Aging Parents

The provision of leave for caregiving, particularly for aging parents, is a crucial part of a modern, empathetic work culture. Allowing employees the necessary time away from work to care for their elderly parents fosters a supportive environment beyond the basic legal stipulations of the Family and Medical Leave Act (FMLA). This compassionate approach enhances employee well-being and cultivates a robust sense of trust and loyalty towards the employer.

This blog provides an overview of how the FMLA protects employees in their caregiving roles and the broader implications it has for both employee satisfaction and organizational success.

How Does Leave for Caregiving Work?

The federal Family and Medical Leave Act (FMLA) generally entitles eligible employees of covered employers to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons with continued group health insurance coverage as if leave was not taken.

Employees are eligible for FMLA leave if they worked for their employer at least 12 months, at least 1,250 hours over the previous 12 months, and if they work at a site employing 50 or more workers within 75 miles.

FMLA covered employees are allowed to take leave from their jobs to care for an aging parent with a serious health condition.  The ability to take this leave helps workers balance their job with family responsibilities without the risk of losing their employment.

Here are common situations where the FMLA greatly assists employees in caring for an aging parent:

Continuing Medical Treatment

Parents may need continuing medical treatment for a serious health condition related to aging, including Alzheimer’s, dementia, stroke, or other chronic conditions requiring regular treatment by a health care provider. Employees can use FMLA leave to take parents with these or similar chronic conditions to a medical facility for treatment or recovery reasons, or to provide other support.

Inpatient Care

It is not uncommon for elderly parents to be admitted to the hospital due to sudden, unforeseen accidents or illnesses. FMLA leave allows workers to take time off to provide care and comfort to their parents while they receive inpatient care, or later when they are released to recover at home or in a rehabilitation facility.

Deteriorating Illness Care

Certain illnesses suffered by aging parents may cause them to slowly decline, physically or mentally. Over time, employees may need to help their parents more with daily activities or take them more often to medical appointments due to a deteriorating condition. Workers can use FMLA leave to help their parents during these times of increasing care to ensure they are safe and have everything they require.

End of Life Needs

Near the end of an aging parent’s life, employees may use FMLA leave to comfort, soothe, console, cheer, or provide whatever other support is necessary to make their parent’s final moments the best they can be for both the parent and the employee.

Additional Needs

As parents age, the types of health-related care they need from their working children can become extensive. Employers must understand that one of the roles of the FMLA is to help employees take on this extremely difficult task of caring for an elderly parent and they should be careful not to deny FMLA leave in circumstances when it is needed.

Workers today are increasingly responsible for caring for their aging parents who suffer from a serious health condition. In addition to these more direct kinds of care, employees may also require FMLA leave because of negative mental side-effects they experience from having to deal with these emotionally charged situations, which are likely to impact their ability to do their jobs.

Employers should become familiar with the FMLA and how it can assist workers with aging parents because the frequency of these parental caregiving situations will likely continue to grow.

Stay up to date with the Compliance Navigator Series and help your organization stay compliant with current and new employer requirements.

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Paul Kramer

Paul Kramer

Director of Compliance | WorkForce Software

Paul Kramer, JD, is an experienced employment law attorney and has been the Director of Compliance at WorkForce Software for over ten years. As Director of Compliance, he researches and stays abreast of employment laws in the United States, Canada, and elsewhere in the world. Before joining WorkForce Software, Paul was in private practice, representing employers in employment law issues for almost two decades and representing companies of all sizes in many industries.

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