Alzheimer’s Caregivers and the Family Medical Leave Act

The difficulty of caring for a relative with Alzheimer’s must be addressed by millions of Americans each year. Taking time off from work to care for your family member, although unavoidable, is always a concern as questions of job performance, promotions, and, simply put, job retention are always present. For some employees there is protection under a Federal law, The Family Medical Leave Act of 1993 (referred to as FMLA). This article will discuss the act, with a focus on those who must care for an immediate family member with Alzheimer’s. Note that the act also covers families seeking leave because of care of newborns, for parents who are adopting or going to become foster parents and for the illness of the actual employee.

The FMLA gives employees the right to take up to 12 weeks of unpaid leave per year to care for a sick family member, without the loss of health insurance benefits and while maintaining the right to return to the same position or a comparable position in terms of pay, responsibility and benefits.

The FMLA applies to companies with 50 or more employees. Employees must have worked for the company for at least one year and their job must be within 75 miles of at least 50 other employees. The law applies to public employers (including local, state and federal offices), educational workers, as well as private companies.

Under the FMLA, an employee is entitled to take up to 12 weeks unpaid leave for each 12 months that the employee has worked to care for an immediate family member with a serious health condition. The 12 weeks of leave may be taken all at once or intermittently, which means that a covered employee could work a shorter work week, or perhaps a shorter work day and use the 12 weeks of time over many months.

The FMLA defines immediate family member as a spouse, a child, or a parent.

What qualifies as a serious health condition under the FMLA? It includes the obvious: any illness, injury, impairment or physical or mental condition that requires a person to be hospitalized, be in a hospice, or a nursing home, as well as post-discharge conditions that require active medical treatment. Alzheimer’s and related cognitive impairments do not always fit this limited definition. The FMLA also defines a serious medical condition as those suffering from diseases that are chronic and without the need for ongoing treatment — e.g. Alzheimer’s, a severe stroke, terminal cancer — and where only supervision by a health care provider is required.

Maintenance of Medical Benefits

During the FMLA leave, the employer must provide the same health benefits that it provides to the employee when not on leave, including family coverage. If there is an employee contribution, it must to be paid by the employee during the period of leave. Health benefits can be terminated only for non-payment of employee contribution or if the employee informs the company they are not coming back from the leave.

Job Retention

The act requires the employee to be restored to his or her original job or an equivalent job with equivalent pay, benefits, and general work rules. The only exception is the “key man/woman” exception, which permits employers to refuse to take a person back if it would cause economic injury to the employer. In order to invoke this exception, the employer must declare the person to be “key” after the employee requests a FMLA leave. The designated key employee may then withdraw the request for FMLA leave of absence. In order for an employer to designate a position “key,” the salary for that position must be greater then 90% of all positions in the company within 75 miles of the work site.

Finally, the employee must notify the employer in advance of the need for FMLA leave and supply proof of the Medical condition of the individual who needs the care.

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