If you're caring for a parent or spouse while holding down a job, you're far from alone. Many family caregivers are working full or part time, fitting doctor visits into lunch breaks and taking phone calls from home care agencies in the parking lot. It's exhausting, and it can feel like you're doing both jobs badly. Knowing your rights and options can take some of that pressure off.
This is general information
Leave laws depend on your employer, your state, and your situation. For your specific case, talk with your HR department, contact the U.S. Department of Labor's Wage and Hour Division at 1-866-487-9243, or consult an employment attorney.
The Family and Medical Leave Act (FMLA)
The FMLA is a federal law that gives eligible employees up to 12 workweeks of unpaid, job-protected leave in a 12-month period for certain family and medical reasons. One of those reasons is caring for a spouse, child, or parent with a serious health condition.
During FMLA leave, according to the Department of Labor:
- Your employer must keep your group health insurance going on the same terms as if you were working.
- When you return, you're entitled to the same job or an equivalent one with the same pay, benefits, and terms.
- The leave itself is unpaid, but you may be able to use paid vacation or sick time at the same time, and your employer may require it.
Are you eligible?
Both your employer and you have to qualify.
| Requirement | Details |
|---|---|
| Covered employer | Private employers with 50 or more employees for 20 or more workweeks in the current or previous year. Public agencies and schools are covered regardless of size. |
| Time with employer | You've worked there at least 12 months. |
| Hours worked | At least 1,250 hours in the 12 months before your leave starts (roughly 24 hours a week). |
| Worksite size | Your employer has at least 50 employees within 75 miles of your worksite. |
If you work for a small business or haven't been there a year, FMLA may not apply. You may still have protection under a state law or your employer's own policy, so ask.
Who counts as family under FMLA
This is where many caregivers get surprised. Under the FMLA, you can take leave to care for:
- A spouse, including same-sex and common-law marriages as recognized by the state where the marriage took place
- A parent: biological, adoptive, step, or foster, or someone who acted as your parent when you were a child
- A child under 18, or an adult child who can't care for themselves because of a disability
The Department of Labor's definition of parent does not include parents-in-law. Grandparents, siblings, and other relatives are generally not covered either, unless they stood in for your parent when you were a child. Some state laws cover a wider circle of family, so check your state's rules.
Caring for a veteran or servicemember?
FMLA also provides up to 26 workweeks of military caregiver leave in a single 12-month period to care for a covered servicemember with a serious injury or illness. This can include certain veterans receiving treatment. Ask HR about military caregiver leave and see our VA caregiver support guide.
You don't have to take it all at once
Caregiving rarely happens in neat blocks. FMLA allows intermittent leave (a few hours or days at a time) or a reduced schedule when it's medically necessary for a family member's serious health condition. Only the time you actually take counts against your 12 weeks.
An illustrative example: an employee whose father has regular treatment appointments might take every other Thursday afternoon off, rather than weeks at a stretch.
How to request FMLA leave
- Give notice as soon as possible and practical. You don't have to say the words "FMLA," but you do need to give enough information for your employer to know the leave may qualify. If a surgery is scheduled weeks ahead, tell them when it's scheduled.
- Follow your employer's usual call-in procedures unless there's an unusual circumstance.
- Expect a medical certification request. Your employer can ask for information from your family member's health care provider. You must be given at least 15 calendar days to provide it.
- Keep copies of everything: emails, forms, and notes about who you spoke with and when.
The Department of Labor's free FMLA Employee Guide walks through the process, including how to file a complaint if your rights are denied.
State paid family leave: it depends where you live
There is no national paid family leave program. Instead, a growing number of states and the District of Columbia have created their own paid family and medical leave programs. According to the Department of Labor's Women's Bureau, more than a dozen states plus D.C. have such laws, and a few other states offer voluntary private insurance options.
These programs differ a lot. They vary in:
- How many weeks you can take
- What percentage of your wages is replaced
- Which family members are covered (some include grandparents, siblings, or in-laws)
- When the program started paying benefits, since several states are still phasing in
Search your state's labor or employment department website for "paid family leave" to see what applies to you. Some states also require employers to offer paid sick leave that can be used to care for a family member.
Talking with your employer
Many caregivers hide their situation at work until they hit a breaking point. A planned conversation usually goes better. Some tips:
- Start with HR or a trusted manager. Ask about FMLA, paid leave, flexible schedules, remote work, and any employee assistance program (EAP). EAPs often include free counseling and referrals for elder care.
- Come with a proposal. "I'd like to shift my hours to 7 to 3.30 on Tuesdays and Thursdays for the next three months" is easier to approve than an open-ended request.
- Focus on how the work gets done. Explain how you'll cover deadlines and stay reachable.
- Share only what's needed. You don't owe your coworkers your family's medical details.
- Put agreements in writing. A short follow-up email confirming what you discussed protects everyone.
A simple script: "My father's health has changed, and I'm now helping manage his care. I want to keep doing good work here. Can we talk about options, including FMLA and a more flexible schedule, that would help me do both?"
Ways to reduce the load at home
Leave buys you time, but most working caregivers also need help with the care itself. Options include:
- Adult day care, which provides supervision during work hours.
- In-home help for mornings, evenings, or the hours you're at work.
- Area Agency on Aging services, such as meals and transportation. Call the Eldercare Locator at 1-800-677-1116.
- Tax breaks. You may be able to claim a parent as a dependent or use a dependent care benefit. See our guide to tax breaks for caregivers.
- Getting paid. Some Medicaid and VA programs pay family caregivers. See paying family caregivers.
Think before you quit
Some caregivers decide to cut back or leave work entirely. That can be the right choice, but weigh it carefully. Leaving a job can mean losing health insurance, retirement contributions, and future Social Security credits. Before you resign, explore leave, schedule changes, and paid help, and talk with a financial adviser if you can.
And keep an eye on yourself. Working caregivers carry two full loads. If you're running on empty, read our guide to caregiver burnout.
Check before you decide
Benefit rules, dollar amounts, and state programs change, and every family's situation is different. This guide is general information, not medical, legal, or financial advice.
- Confirm eligibility and current amounts with the agency itself: Medicare, your state Medicaid office, or the VA.
- For legal documents and Medicaid planning, talk with a licensed elder law attorney in your state.
- For health questions, talk with the person's doctor. In an emergency, call 911.
Common questions
Can I use FMLA to care for my mother-in-law?
No. The Department of Labor's FMLA definition of parent does not include parents-in-law. It covers biological, adoptive, step, and foster parents, and anyone who stood in for a parent when you were a child. A state leave law or your employer's policy may be broader.
Is FMLA leave paid?
No, FMLA leave itself is unpaid. You may be able to use your employer's paid leave at the same time, and your employer may require it. Some states run paid family leave programs.
Can I take FMLA leave a few hours at a time?
Yes, when it's medically necessary for a family member's serious health condition. FMLA allows intermittent leave or a reduced schedule, and only the time you actually take counts against your 12 weeks.
Can my family member pay me to be their caregiver?
Sometimes. Some Medicaid programs, VA programs, and private arrangements pay family caregivers. See paying family caregivers.
Sources
- Family and Medical Leave Act — U.S. Department of Labor, Wage and Hour Division. dol.gov/agencies/whd/fmla
- Fact Sheet #28: The Family and Medical Leave Act — U.S. Department of Labor. dol.gov/agencies/whd/fact-sheets/28-fmla
- FMLA Employee Guide — U.S. Department of Labor. dol.gov/agencies/whd/fmla/employee-guide
- Paid Leave — U.S. Department of Labor, Women's Bureau. dol.gov/agencies/wb/featured-paid-leave
- Taking Care of Yourself: Tips for Caregivers — National Institute on Aging. nia.nih.gov/health/caregiving/taking-care-yourself-tips-caregivers
Last reviewed October 19, 2026. General information only, not medical, legal, or financial advice. Benefit rules and amounts change, so confirm with the agency before you decide. See our disclaimer.
