Using FMLA to Care for a Loved One With A Disability

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Entrusted Legacy Law

For more information about the author, click to view their website: Sharek Law LLC

Posted on

Jul 03, 2023

Book/Edition

Pennsylvania - Greater Pittsburgh Area

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For caregivers of loved ones living with disabilities, meeting the demands of your professional life while carrying out the responsibilities of caregiving can be immensely challenging.

Depending on your situation, you may qualify for an extended leave from work that will allow you to keep your job while you focus your time on caring for your loved one.


What Is FMLA?


The Family Medical Leave Act (FMLA) is a federal law that may protect your right to unpaid leave to care for a family member. The law, established in 1993, applies to private employers with at least 50 workers. For employees whose spouses, children, and parents have severe health conditions, the FMLA allows up to 12 work weeks of leave within a year. Twenty-four work weeks of unpaid leave are available for those caring for active service members.

Under the FMLA, employers cannot fire employees because they took leave, protecting employees’ right to leave work when certain family members become severely ill.

As a caregiver, you play a crucial role in your family as you support your loved ones, but caregiving responsibilities can conflict with work commitments. The FMLA can help employees balance their responsibilities.


Is FMLA Paid?

FMLA is typically unpaid leave. However, it allows you to hold on to your job while also requiring your employer to continue your health benefits while you are on leave.


What Conditions Qualify for FMLA Leave?

Employees who qualify for FMLA can use this type of leave in a number of different circumstances, including if they are having a baby, adopting a child, donating an organ, or suffering from a severe health problem. For those who are caring for an immediate family member with a serious health condition, FMLA may also be an option.

In addition, employees with a child who is unable to care for themselves due to a disability may be able to take advantage of FMLA leave. Under FMLA, “disability” is defined as “conditions that substantially limit one or more major life activities or bodily functions.” In certain cases, such conditions may include such health issues as epilepsy, asthma, diabetes, or cancer that is in remission.

The U.S. Department of Labor launched a new series of webpages over the past year to help people understand their rights under the FMLA. The webpage is a useful resource for caregivers, providing a library of guides, frequently asked questions, and fact sheets. One such fact sheet details the criteria for using FMLA leave to care for a child with a disability. Another focuses on taking leave when a family member has endured a serious injury, illness, or other physical or mental condition that has left them incapacitated.


How the FMLA Resource Helps Family Caregivers

The Department of Labor’s dedicated family caregiver webpage addresses several challenges you could face.

  • Being away from work can pose challenges for the caregiver’s career. Some employers are not supportive of employees who take FMLA leave, and employees may face illegal workplace retaliation.

  • In addition to work obligations, many caregivers have multiple roles at home. For instance, an individual might need to care for a sick parent as well as their own children.

  • Caring for a loved one with a severe health condition can take an emotional toll, and caregivers might feel overwhelmed.

  • Those caring for older adults might need help finding elder care services.

Information Related to the Family and Medical Leave Act and Caregiving

The U.S. Department of Labor webpage supplies information to help you navigate the workplace while also caring for a loved one.

Available information includes:

  • Speaking with an employer about taking leave

  • Taking leave when a family member has a serious health condition

  • Utilizing FMLA for a parent of a child with a disability

  • Using military family leave

  • Leaving to care for a parent or other past caretaker

  • Proving that you have a severe health condition

  • Filing a complaint against an employer, such as a complaint for retaliation

  • Accessing caregiver resources

  • Locating a nursing home, assisted living facility, or other care

  • Finding services for veterans

  • Identifying state agencies where individuals can learn about their rights and apply for benefits

Know Your Rights: Consult With an Attorney

In addition to reviewing the U.S. Department of Labor webpage, speak with an attorney if you are contemplating taking FMLA leave. A special needs planning lawyer can help you understand your right to leave, including how to protect yourself should your employer retaliate against you.


Contact Sharek Law Office at 412-347-1731 or click here to schedule a complimentary 15-Minute Call to learn what guidance we can provide for your unique situation.


This article is a service of Sharek Law Office, LLC. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life and Legacy Planning Session, during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life and Legacy Planning Session and mention this article to find out how to get this $750 session at no charge. Please note this is educational content only and is not intended to act as legal advice.

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Elder Law 100 Pinewood Lane Suite #303, Warrendale, Pennsylvania, 15086

Our Firm Prepares You for Life What makes our firm different is that we were built with the needs of growing families in mind. We understand you are BUSY, you are growing, you are planning for a life of prosperity and you value ease, convenience and efficiency. You are raising children, and caring for elderly parents, while also working hard to build your own nest egg for a lifetime of support. You want to know youve made the best decisions for your family and that your plan will work when your loved ones need it most. You want to make sure your minor children would be raised by the people you choose, and never by anyone you wouldnt want, and that your teens and adult children are properly prepared to care for you and what you leave behind.  You want to feel confident that youve made the right choices, and handled everything so that you arent leaving behind a mess, when something happens. That is our focus as well. Weve developed unique systems to give you the same access to a Personal Family Lawyer as was previously only available to the super-wealthy, so you can have the guidance you need to build and maintain a life of prosperity and wealth. And, to keep your family out of court and out of conflict, which is the greatest risk to the people you love and all you have created, even if youve already worked with a traditional lawyer or created documents online. Our Team Is Here for You We encourage communication with our clients. In fact, weve thrown out the time clocks so you never have to be afraid to call with a quick question. Everything we do is billed on a flat-fee basis, agreed to in advance, so there are never any surprises. We have a whole team to serve you. When you call our office to ask your quick question, you wont have to wait hours or days for a phone call back. Youll get your question answered, right away. And, if you need to schedule a more in-depth legal or strategic call with your Personal Family Lawyer, a call will be scheduled when you're both available and ready for the call so we can make the very best use of your time and not waste your time by leaving voicemail after voicemail back and forth. And, we ensure the most important details of your planning are followed through on and your plan continues to work throughout your lifetime. We have a funding coordinator to ensure your assets are owned the right way throughout your lifetime and none of your assets will end up going through a long, expensive court process or being lost to the state because they were missed after your death. Weve created unique membership programs to keep your plan up to date year in and year out as well as give you access to our Trusted Team of Legal Experts for guidance on ANY legal or financial matter. One day you will need a lawyer. I dont know why and I dont know when, but when you do, you will be grateful you can call on us and well be here to advise you or get you out of a jam. We Help You Transfer Your Life and Legacy Lastly, we believe your financial wealth is only a small part of your overall Life and Legacy Planning which is made up of your far more valuable and most often lost upon incapacity or death intellectual, spiritual and human assets. These assets are what make you who you are, and sum up whats most important to you. And, a survey of inheritors has revealed that what they care about even more than inheriting your money, is inheriting these intangible assets.   Most estate plans only focus on the transfer of your financial wealth to the next generation. Most people have such great intentions of passing on the intangible, but very few ever get around to it. Its just not a priority, until its too late. How much do you know about your grandparents values? Their most prized personal possessions? How they felt about you? What they had learned during their lifetime? If you are like most people, you know very little. Thats why we build the capture and passage of these most valuable assets into every estate plan we create. Not only will we help you pass on your money, but also your values, your insights, your stories and your experience the truly valuable assets your loved ones care about the most.  Weve developed a tool that allows us to capture and pass on your whole family wealth, including your Intellectual, Spiritual and Human assets.  I cant go into all of the details here, but well definitely talk about it when you come in for your Life and Legacy Planning Session.