Taking on the role of caregiver for a person with mesothelioma is both an act of love and an enormous responsibility. Because the disease is so challenging and debilitating, it is a full-time job, and this is a challenge if you already have other work responsibilities. The Family Medical Leave Act keeps your job safe when you need to take time off to care for your loved one.[1]
What is the Family Medical Leave Act?
The Family and Medical Leave Act (FMLA) is a federal law that was passed in 1993. It provides the ability to take time away from work to address serious health needs, whether for yourself or for a loved one who needs care, without jeopardizing your job.[1]
FMLA’s guaranteed protections are extended to people who work for employers with 50 or more employees. They allow you to take up to 12 weeks of unpaid leave in a year to care for a seriously ill family member or to recover from your own illness or serious health condition without losing your job, your seniority, or your employer-provided health insurance.
You can take FMLA leave all at once or in shorter blocks. You can also cut your daily hours or ask to work a part-time schedule to accommodate your loved one’s needs. You can take FMLA leave all at once or in shorter blocks. You can also reduce your daily hours or work a part-time schedule for a while.
FMLA does not require your employer to pay you during your time away from work, but it does require that when you return to work, the same job or one that is virtually identical in terms of pay, benefits, and other employment terms and conditions (including shift and location) will be waiting for you. FMLA also protects you against retaliation for having taken the time off to care for your loved one.[2]
FMLA covers two types of absences from work:
- Medical leave is for those who need time off to seek medical treatment or to recover from their own serious health condition.
- Family leave is for those who need time off to care for another person in their family. FMLA defines a member of the family as a newborn or newly adopted child, or a child, spouse, or parent with a serious health condition. This is the type of leave that would apply if you are caring for a family member who has been diagnosed with malignant mesothelioma.
In addition to FMLA, most states also offer family medical leave protections, and some of them cover more family members for more purposes. This is important in case you need to take time off to care for a sibling, aunt or uncle, in-law, or other relative.[3]
Who Qualifies for the Protections of FMLA?
To qualify for FMLA’s unpaid, job-protected leave, you must meet the following criteria:
- Your employer must have 50 or more employees on their payroll for at least 20 work weeks during the current or preceding calendar year. Those employees do not all need to work at the same site that you do, but they must have at least 50 employees within a 75-mile radius of all of its worksites.
- You need to have worked for your employer for at least 12 months and at least 1,250 hours over the last year. This is the equivalent of at least 25 hours per week for 50 weeks. There are special rules for teachers, highly paid employees, and airline flight crew members.
- You must be taking time off to meet the needs of your own serious health condition or the serious health condition of a family member. Caring for a parent who has been diagnosed with malignant mesothelioma would meet this requirement, as FMLA defines a serious health condition of a family member as when they are incapacitated for more than three consecutive days or have gone to see a doctor or other health care provider at least once and are under a regimen of continuing treatment by a health care provider.
How Do I Ask for FMLA To Care For a Family Member With Mesothelioma?
A mesothelioma diagnosis is a shock that thrusts family members into sudden action. You should discuss your loved one’s needs with your mesothelioma care team to determine how best to use your FMLA time. In most cases, employers expect 30 days’ notice before granting FMLA, but in emergent situations, this period can be shortened to one or two days.
Your employer may ask you to provide information from your family member’s mesothelioma physician before approving your FMLA leave request. They are required to give you at least 15 calendar days to provide this information, and more if you are unable to get the information they are requesting within that time frame due to circumstances beyond your control.[2]
What’s most important for you to remember is that if you are an eligible employee and meet the FMLA notice and certification requirements, and you haven’t already used your FMLA leave for the 12-month period, you cannot be denied FMLA leave.
Check Your State’s Family and Medical Leave or Temporary Disability Laws
If your employer has fewer than 50 people on the payroll, or if you are the caregiver for a mesothelioma patient who does not qualify as a family under FMLA’s rules, you may still be covered under your state’s family medical leave laws. Every state has its own rules, and many offer more generous protections and benefits than what is offered under federal law. To learn more, contact your state’s labor office.[3]
