Emergencies can crop up regarding a loved one, particularly if there is a sudden illness or health issue that renders that loved one incapable of caring for themselves. While you may not need to quit your job to set up caregiving for your loved one, you will likely need some time off to initially care for your loved one, assess the situation and make plans accordingly. You might feel concerned about your job and whether you cannot take off for any length of time.
The good news is that the United States government passed the Family and Medical Leave Act (FMLA) back in 1993 which provide employees who find themselves in a caregiving role the assistance they need to juggle not only their livelihood but also the care of their loved ones. The FMLA basically ensures that you cannot lose your job based on the need to care for a loved one. Of course, this act does not work to save your job forever but allows employees to take up to 12 weeks of leave unpaid from the hob without fear of repercussions.
Please note that the FMLA does not guarantee any pay during these 12 weeks and it is between you and the employer about whether or not you receive any pay. It may be based on the amount of sick leave, vacation time and/or personal time off (PTO) hours you may have accrued. If you have any of these built up, it could end up providing you with some income during your time off. Again, the payment arrangement is solely between you and your employers as the FMLA only guarantees that you cannot lose your job due to taking off to take care of a loved one.
With all good deeds like the FMLA, there is a down side to it as well. It does not protect all employees in the country. Therefore, not everyone has the opportunity to take advantage of it. Employers who are bound by the FMLA must be an entity affecting or conducting business or commerce. They must have at least 50 employees working at any given time during the course of a normal business week and also during the previous 20 plus calendared working business weeks. Subsidiaries or entities that are smaller than 50 employees but are affiliated or part of a larger entity also fall under the auspices of the FMLA.
There are some exceptions to entities with fewer than 50 employees and they include any public, local, state or government office and public as well as private secondary and elementary schools. If you do not fall within any of these scenarios, you may not be covered to take off from work with a guarantee to return to a job. Small business owners under 50 employees are not bound by the FMLA so you might have to negotiate with them in order to receive time off for caregiving.
Other things of note to consider with the FMLA is how an employer determines a 12-month period since the act states you can request up to 12 weeks of unpaid leave during one 12-month time. An employer can simply follow a 12 month calendar year which is the simplest or even follow their company’s fiscal 12 month year or even a 12 month period starting on your anniversary date. In addition, the 12-month period could be on the first day of when your FMLA leave period starts or even based on a rolling 12 month time frame that is gauged by counting backward from the date you use the leave for FMLA.
As you can see, there are quite a few things to check so do not always assume you fall within the guidelines. While you may not be able to put off your caregiving duties, at least by knowing your eligibility, you can negotiate with your employer about the necessary time off you need to care for your loved one.
