Worried about losing your job due to being a family caregiver?

Fear not: the Family and Medical Leave Act (FMLA) can protect your job.

Caregivers are often caught between more demands than they can handle, resulting in reduced job performance and workplace absenteeism. The Family and Medical Leave Act (FMLA) can be leveraged to keep you from being fired for underperforming at your job due to caregiver stress.

Losing your job when a loved one first becomes seriously ill can be almost as frightening as the illness afflicting your family member; job loss often equals loss of lifesaving health insurance and income for you and your family.

Stories from FMLA Beneficiaries

The FMLA has greatly benefitted several people in my life, including my own mother when she was caregiving for my grandmother. In interviewing her for this post, she stated “It gave me peace of mind and protected me from losing my job. I had accrued enough overtime hours so I could continue to get paid while I was not at work.”

When my grandmother was diagnosed with terminal lung cancer, my mother was overwhelmed with accompanying her to doctor’s appointments, advocating for her, and attending to her own needs as a caregiver. She went on to say “in business, we are all ‘replaceable,’ so the FMLA protects us in the basic way of at least having a job. I knew [my mother’s] life was limited and I also had to be available for my other family members, so I made sure to accrue overtime hours at my workplace in preparation.”

My friend Kat W. benefitted meaningfully from the job protections conferred by FMLA when her partner was undergoing chemotherapy for leukemia. In my interview with her, she said “I was burnt out from trying to juggle work and caregiving. It was such a relief when I finally made the decision to take leave – and my boss was totally supportive.”

Time off from our demanding jobs when our loved ones are seriously ill can give us the mental space and energy to establish a self-care routine. Kat went on to say “during leave, I was able to start exercising again and found a therapist. I felt better knowing I was prioritizing my self-care and asking for what I needed after putting myself last for so long.”

I’m not providing care for a spouse, parent, or child, but I’m in caregiver crisis mode. What do I do?

FMLA protects caregivers who are providing care for a spouse, parent, or child with a serious health condition. So where does that leave you as a caregiver for someone who doesn’t fall into one of these categories, but is experiencing caregiver stress or burnout?

Caregiver stress or burnout can often show up as a diagnosable mental health condition, such as depression or anxiety. What many people don’t realize is that FMLA can protect your job if you yourself have “a serious health condition that makes [you] unable to perform the essential functions of [your] job.” Meaning, if you have a documented mental health condition that a mental health provider (e.g., a therapist) can vouch for, you may be eligible for FMLA leave.

FMLA can be used to take care of your number one

A friend of mine used FMLA leave to take time off of her stressful job during the pandemic, when her existing mental health issues were exacerbated due to social isolation. In my conversation with her for this post, she told me that she reached out to a colleague about her work-related stress and was told she may be eligible to take extended time off from her job to take care of her mental health. She went on to say “FMLA helped me regroup before going back to the grind of work. During my extended leave of absence, I was able to intensify my mental health treatment and seek career counseling so I could find a job that better suited my mental health needs.”

To provide proof of her “serious health condition,” she asked her mental health provider to complete the paperwork she obtained from her employer’s HR department. In doing so, she had the documentation required to demonstrate that her depression and anxiety were impeding her ability to perform her essential job functions.

Don’t worry about your job or Coworkers: Worry about You!

Because it hurts their bottom line, employers are not always transparent about how you as a caregiver can benefit from FMLA leave. The best sources of information about the FMLA documentation process at your workplace are a human resources (HR) representative or a trusted coworker. The United States Department of Labor also has some helpful resources for employees.

Want more information? I’m here for you! Let me guide you on your caregiving journey.

Book your free 15 minute consultation with Michelle Paggi, Ph.D.