Family Caregivers: Information on the Family and Medical Leave Act

When you need to take time off from work to care for a family member, the Family and Medical Leave Act is here to help. 

Under the Family and Medical Leave Act (FMLA), eligible employees are entitled to unpaid, job-protected leave to provide care for a family member, including:

• Twelve workweeks of leave in a 12-month period to care for the employee’s spouse, child, or parent who has a serious health condition or for any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
• Twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

This webpage provides resources to help family caregivers understand and exercise their rights to job-protected leave under the FMLA.

Guides for Employees

• How To Talk to Your Employer About Taking Time Off For Family And Medical Reasons. This guide provides information on how to talk to your employer about taking job-protected leave for family or medical reasons under the FMLA.
• The Employee’s Guide to the Family and Medical Leave Act (PDF). This plain language booklet answers common FMLA questions and clarifies who can take FMLA leave and what protections the FMLA provides.
• The Employee’s Guide to Military Family Leave (PDF) Guía de Cumplimiento bajo la FMLA (PDF)

Fact Sheets for Family Caregivers

• Taking Leave from Work When You or Your Family Member Has a Serious Health Condition under the FMLA (Fact Sheet 28P)
• Using FMLA Leave to Care for an Adult Child with a Disability (Fact Sheet 28K)
• Using FMLA Leave Because of a Family Member’s Military Service (Fact Sheet 28M)
• Using FMLA Leave to Care for Someone Who Was in the Role of a Parent to You When You were a Child (Fact Sheet 28C)
• Please see full list of FMLA Fact Sheets

Frequently Asked Questions for Family Caregivers

• FMLA Certification Frequently Asked Questions
• FMLA Leave to Care for An Adult Child with A Disability Frequently Asked Questions
• FMLA Military Family Frequently Asked Questions
• FMLA Frequently Asked Questions (full list) | Preguntas frecuentes sobre FMLA en español

How to File a Complaint

• If you have questions, or you think that your rights under the FMLA may have been violated, you can contact the Wage and Hour Division (WHD) at 1-866-487-9243. You will be directed to the WHD office nearest you for assistance. There are WHD offices throughout the country staffed with trained professionals to help you.
• WHD has additional information on the complaint process and information you need to file a complaint.

Additional Resources for Family Caregivers

• The Accommodation and Compliance: Caregivers resource from the Job Accommodation Network (JAN) includes frequently asked questions related to caregivers, accommodations, and the Americans with Disabilities Act (ADA).
• The Resources for Caregivers webpage from the U.S. Department of Health and Human Services includes resource relevant for those taking care of someone with Medicare and caring for people with dementia.
• The Eldercare Locator is a public service of the U.S. Administration on Aging connecting you to services for older adults and their families.
• The Department of Veteran Affairs (VA) Caregiver Support Program (CSP) offers clinical services to caregivers of eligible and covered Veterans enrolled in the VA health care system.
• The paid leave webpage from the Women’s Bureau, U.S. Department of Labor includes an interactive map with links to the state agencies where workers can learn more about their rights and apply for benefits.