FMLA Leave for a Parent: Rules, Eligibility, and What to Expect

The Family and Medical Leave Act (FMLA) is a federal law and an employee benefit for caregivers. It was enacted to allow workers to take unpaid time away from work for certain family and medical reasons. The FMLA protects an eligible worker’s job and their access to the employer’s group health insurance while they’re on leave.^[01]

As a worker and a caregiver, it’s important to understand how leave taken under the FMLA might apply to your situation. Relying on your employer to keep you informed may not be the best choice.

“It’s amazing what companies don’t know about FMLA,” says Robert Ottinger Jr., an employment attorney at Ottinger Employment Lawyers in San Francisco. FMLA violations are especially common at companies with fewer than 100 employees, which may not even have a procedure in place, he says. That’s why you need to know your FMLA rights — especially if you’re a caregiver.

What are the two types of FMLA leave?

The FMLA permits two types of unpaid leave:

1. Regular FMLA leave, which provides eligible employees with up to 12 workweeks of leave in a 12-month period.^[01]
2. Military Caregiver leave, which provides eligible employees with up to 26 workweeks of leave in a 12-month period.^[02]

When you return to work, your employer must give you the same job that you had before your leave started, or an equivalent job.^[01]

What happens to my health insurance if I take FMLA leave?

Whether you take regular FMLA leave or Military Caregiver Leave, your employer must continue to provide the same group health insurance benefits to you at the same premium while you’re on leave.^[01]

Let our care assessment guide you

No, FMLA-protected leave isn’t available to every U.S. worker or employer. Eligibility for FMLA leave depends on three things:

1. The caregiver’s status as a worker
2. The employer’s status
3. The caregiving situation

Can I use FMLA to care for my parents?

You’re eligible to take FMLA leave if you:^[01]

• Worked 1,250 hours during the 12 months prior to the start of leave
• Worked for the employer for at least 12 months (although the months don’t have to be consecutive)
• Work at a location that has 50 or more employees within 75 miles

Does the FMLA apply to my employer?

FMLA applies to your employer if they are a:^[01]

• School
• Public agency
• Local, state, or federal employer
• Private employer with at least 50 employees for a minimum of 20 work weeks per year

Does my caregiving situation qualify for FMLA leave?

To qualify for FMLA leave, the person you’re caring for must have a serious health condition, which is defined as:^[03]

• Acute or chronic conditions that require your loved one to stay overnight in a hospital or other medical care facility
• Acute or chronic conditions that cause your loved one to be incapacitated for more than three consecutive days and to have ongoing medical treatment
• Chronic conditions, such as Alzheimer’s disease or another type of dementia, cancer, diabetes, heart disease, or another condition that causes your family member to be incapacitated and require treatment by a health care provider at least twice a year

Regular FMLA provides workers up to 12 weeks’ worth of time away from work in a 12-month period to care for themselves or an immediate family member with a serious health condition. Immediate family members are defined as a person’s parents, spouse, and children.

Can I use FMLA to care for my in-laws?

You can’t use regular FMLA leave to care for your mother-in-law or father-in-law because they aren’t considered members of your immediate family under FMLA.

Can I use FMLA to care for my grandparent?

In most cases, you can’t use regular FMLA leave to care for your grandparent for the same reason. However, there are two exceptions to this rule.

1. If your grandparent acted as your parent or stood in loco parentis (“in place of the parent”) when you were a minor, then they are considered your immediate family member for the purposes of regular FMLA leave.^[04]
2. If your grandparent is a veteran and you’re their next-of-kin, you may be able to take Military Caregiver Leave to care for them.^[02]

Military Caregiver Leave is a type of FMLA leave that enables adult children to care for their recently discharged veteran parent or next of kin. Caregivers eligible for Military Caregiver Leave can take up to 26 weeks away from work in a 12-month period to care for a loved one who has a serious health condition and was:^[02]

• A member of the Armed Forces (including a member of the National Guard or Reserves),
• Discharged or released under conditions other than dishonorable, and
• Discharged within the five-year period before the eligible employee first used FMLA military caregiver leave to care for him or her.

Who is considered next-of-kin for Military Caregiver Leave?

For the purposes of Military Caregiver Leave, the FMLA defines next-of-kin as a veteran’s:^[02]

• Blood relative who has been designated in writing by the servicemember for purposes of FMLA military caregiver leave
• Blood relatives who have been granted legal custody of the servicemember
• Brothers and sisters
• Grandparents
• Aunts and uncles
• First cousins

Talk with a Senior Living Advisor

No, you don’t have to take FMLA leave all at once. You can take FMLA leave occasionally, in large blocks of time, or even by just reducing your work schedule. For example, if your mother receives chemotherapy for cancer every other week and only needs your help during those times, you can take FMLA leave only on the days she needs your help, as long as you and your employer meet the FMLA requirements.

While taking FMLA-protected leave requires the person you’re caring for to have a serious health condition, it doesn’t specify how you must spend that time. For example, you can take FMLA-protected leave to:^[04]

• Help a parent with activities of daily living (ADLs)
• Travel or relocate to care for a parent
• Provide respite care, or fill in for a parent’s usual caregiver, such as their spouse or one of your siblings
• Tour a memory care community, or help a loved one move into one

The FMLA requires you to provide your employer 30-days advance notice when you expect you may need to use FMLA-protected leave in the near future.^[05]

“If you must take FMLA leave that you couldn’t plan for, such as rushing from the office because your dad was injured in a car crash, let your employer know as soon as practicable,” Mazaheri says. Even if you must call from the emergency room, make sure you don’t wait for days without providing an explanation.

“As long as your employer knows, they shouldn’t terminate you because their obligations under FMLA would be triggered,” Mazaheri explains.

At the same time, your employer can’t intentionally delay paperwork or ask for unnecessary medical information.^[06] While you’ll need to provide certification of your loved one’s medical condition, your boss isn’t allowed to pry into your life.

“Employers don’t have carte blanche to ask personal medical questions unrelated to the need for protective leave,” Mazaheri says.

That means if you request FMLA leave for your mom’s cancer surgery, your supervisor can’t ask you to hand over your mom’s psychological records. However, an employer is allowed to ask for clarification if there’s reason to believe an employee is being dishonest, according to Mazaheri.

If your employer illegally denies or interferes with an FMLA request, Ottinger recommends showing your employer a printout of the federal law. If that doesn’t work, “It’s time to call a law firm to write a quick letter,” Ottinger says.

If an employer illegally retaliates by firing you, changing your work conditions, or violates the FMLA in another way, you can file a lawsuit.^[06] To find an employment lawyer, search the directory at the National Employment Lawyers Association.

Knowing your FMLA rights can mean the difference between being there to help your aging parents or regretting that your job kept you from helping them when they needed you most.

Some employers and states offer paid leave programs in addition to FMLA-protected leave. For example, Washington D.C. and the following states provide some form of paid family leave:

• California
• Colorado
• Connecticut
• Delaware (effective January 1, 2026)
• Maine
• Maryland
• Massachusetts
• Minnesota
• New Jersey
• New York
• Oregon
• Rhode Island
• Washington