Family and Medical Leave Act (FMLA) caregiver leave gives eligible workers up to 12 workweeks of unpaid, job-protected time to care for a spouse, child, or parent with Alzheimer's. Use this checklist to confirm eligibility, give proper notice, supply medical certification, and protect health coverage and job rights. Alzheimer's needs ongoing supervision and continuing treatment. That pattern fits the chronic continuing-treatment part of serious health condition, and leave can be taken all at once or in smaller blocks when needed.
Medical information disclaimer: This article is for general educational purposes only and does not provide medical advice, diagnosis, or treatment. Always consult a physician or other qualified health professional about symptoms, medications, tests, or treatment decisions.
Table of Contents
- Check whether you qualify
- Confirm who and what is covered
- Give notice and provide certification
- Keep coverage and protect your return to work
Check whether you qualify
The U.S. Department of Labor explains in its Employment Law Guide that you qualify only after 12 months with the employer, at least 1,250 hours worked in the prior 12 months, at a worksite with 50 employees within 75 miles.
All three tests must be met at the time leave starts. Ask human resources or your manager whether you meet these tests before you schedule care. If one test is missing, FMLA does not apply to that leave request.
- 12 months employed by the same employer
- At least 1,250 hours worked in the prior 12 months
- Worksite has 50 employees within 75 miles
Confirm who and what is covered
Eligible workers may take up to 12 workweeks in a 12-month period to care for a spouse, child, or parent with a serious health condition. The U.S. Department of Commerce guidance describes serious health condition as illness or impairment involving inpatient care or continuing treatment that limits work, school, or daily activities.
Alzheimer's ongoing care fits the chronic continuing-treatment prong because supervision and provider visits continue over time. Leave may be continuous, intermittent, or on a reduced schedule when medically necessary, which suits episodic supervision, appointments, and behavior changes. This leave does not cover siblings, grandparents, or parents-in-law. A common example is taking two days per week for supervision plus full weeks after a hospital stay or care-plan change.
Give notice and provide certification
For foreseeable Alzheimer's needs, give at least 30 days advance notice, or as soon as practicable when 30 days is impossible. Unforeseeable needs require notice as soon as practicable under the facts.
An employer may require medical certification, as the Cornell Legal Information Institute sets out in 29 CFR §825.305. You must have at least 15 calendar days to return it, and leave may be delayed or denied until complete certification arrives.
- Tell your employer the reason is FMLA care for a family member
- Follow normal call-in and paperwork rules
- Get the certification form quickly and return it on time
- Ask the provider to state the need for your care or supervision
Keep coverage and protect your return to work
During leave your employer must keep group health plan coverage on the same terms as if you kept working. The Cornell Legal Information Institute states in 29 CFR §825.209 that you must keep paying your usual premium share during that period.
After leave you generally return to the same job or an equivalent job with equal pay, benefits, and terms. The Department of Labor guidance also protects you from retaliation for requesting or using leave. Pay your premium share on time and keep proof of each payment to avoid a coverage lapse.
