What exactly is  FMLA (Family and Medical Leave Act) and who qualifies?

You are currently viewing What exactly is  FMLA (Family and Medical Leave Act) and who qualifies?
Son holding father's hand at the hospital

There are a lot of misnomers about this federal program. I want to share some facts about it for my caregivers. One of my clients had to access this benefit last week.

According to AARP, in 2020, caregivers spent an average of 24 hours a week taking care of a loved one.. This is often quite challenging when working full time.

The easiest explanation is that it is flexible work hours with paid leave. The US does not have a national standard plan for paid family leave.   FMLA covers the right to time off providing job protection and 12 weeks of UNpaid leave, not time off. Only 56% of the workforce is eligible.  Many employees are not covered due to company size or if you do not work enough hours. 

FMLA is only if you are caring for minor children, parents and spouses. If you are caring for anyone else, you do not qualify. Without a mandate some companies are taking it upon themselves to offer paid time off to caregivers, especially during COVID.  In 2021, about 25% of US workers accessed employer paid family leave according to the Bureau of Labor Statistics. The US is behind as a country and individual states are starting to offer paid medical leave, Colorado is the most recent, offering 12 weeks of paid time off. 

If you are struggling with anything related to caregiving, please reach out, I would love to help guide you on your journey. 

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