How to Request FMLA Leave as an Alzheimer's Caregiver

The Family and Medical Leave Act (FMLA) is a law that allows you to go on temporary leave from your job because of family, medical, or military reasons. FMLA is commonly used when you or a family member has a chronic health condition. A serious health condition under FMLA is a condition that is long-term and requires ongoing medical treatment.¹

Alzheimer's disease is a serious health condition that is covered under FMLA. Alzheimer's caregivers may need to use FMLA in order to provide care for their loved one, and many find that taking leave in smaller increments, known as intermittent FMLA leave, works best for their situation.²

What is FMLA?

FMLA allows employees to take leave for up to 12 workweeks in a year. This leave is unpaid, but you can keep your health benefits during this time. You will also be able to return to your job, or an equivalent job, after your leave is over.¹

Who needs FMLA?

As an Alzheimer's caregiver, you may need to use FMLA to take time off from your job and care for your loved one. Some caregivers need extended blocks of time away from work, while others need to step away periodically — for example, to attend doctor's appointments or manage a difficult day. This second option is often available through intermittent FMLA leave.

People use FMLA for a few different reasons. They may need to care for a family member, or they may have a serious health condition themselves. FMLA protects leave for employees who:³

• Have a serious health condition that makes them unable to work
• Are caring for a child, spouse, or parent with a serious health condition
• Have welcomed a new child in their family through birth, adoption, or foster care
• Have a family member in the military (or recent veteran) and must leave for reasons related to their foreign deployment, or if they have a serious injury or illness

Who is eligible?

You must meet certain criteria in order to be eligible for FMLA. You are eligible for FMLA leave if you:²

1. Have worked for your employer for at least 12 months
2. Have at least 1,250 hours of service in the 12 months before your FMLA leave starts
3. Work somewhere where the employer has at least 50 employees within 75 miles

How to use intermittent FMLA leave for caregiving

You can use your FMLA leave all at once, or you can break it up throughout the year. This second approach is called intermittent FMLA leave. For example, you can use all 12 weeks of FMLA leave in one block of time, or you can reduce your weekly hours at work and take intermittent FMLA leave as needed. This all depends on what your employer allows.³

Even though FMLA is unpaid, you can substitute accrued paid sick or vacation time to continue receiving a paycheck. Your employer may also require you to use paid leave during this time.³

How can you request FMLA?

Requesting FMLA, including intermittent FMLA leave, is fairly simple. Keep in mind that the process, requirements, and eligibility may be slightly different based on your employer.^3,4

Tell your employer

The first step to requesting FMLA leave is to talk to your employer. You should let your employer know at least 30 days in advance that you are taking FMLA leave, whenever possible — including if you plan to take intermittent FMLA leave.^3,4

You do not need to share your family member's specific medical diagnosis with your employer. But they do need enough information to know that the reason for the leave is protected under the FMLA.⁴

Your employer will tell you that you are eligible

After you have notified your employer, they will tell you whether or not you are eligible for FMLA leave. They will tell you within 5 business days. If you are not eligible for FMLA leave, your employer must provide at least 1 reason why you are not eligible.⁴

At this time, your employer may also give you notice of your rights and responsibilities under the FMLA.⁴

Required medical certification for FMLA

Your employer may request that you complete a medical certification from your doctor. If your employer requests certification, you have 15 days to provide that information.⁴

The medical certification must include the following information:⁴

• The doctor's contact information
• When the serious health condition began
• How long the condition is expected to last
• Certain medical information about the condition (such as symptoms, hospitalizations, doctor's visits, etc.)
• If you are unable to work or if your family member needs care
• If you need leave that is continuous or intermittent (intermittent FMLA leave)

Your employer will review the certification and let you know if any information is missing. If information is missing, you will have 7 days to provide it.⁴

Your employer may also request that you get a second opinion (or even a third opinion) if they are unsure whether the first opinion is valid.⁴

If you need to continue your leave after the initial period ends, your employer may require an updated certification, especially if you are using intermittent FMLA leave over an extended period.⁴