How do I take Family and Medical Leave Act (FMLA) leave to care for a terminally ill family member in the hospital?

Taking FMLA Leave to Care for a Terminally Ill Family Member in the Hospital

To take Family and Medical Leave Act (FMLA) leave for caring for a terminally ill family member in the hospital, you need to notify your employer as soon as possible, provide medical certification of your family member's serious health condition, and understand that you're entitled to up to 12 weeks of unpaid, job-protected leave.

Eligibility Requirements

Before applying for FMLA leave, ensure you meet these requirements:

• You must have worked for your employer for at least 12 months
• You must have worked at least 1,250 hours during the 12 months prior to the leave
• Your employer must have at least 50 employees within 75 miles of your worksite 1

Step-by-Step Process

1. Notify your employer:

   • Provide 30 days' notice when foreseeable
   • If the situation is urgent, notify your employer as soon as possible
   • Follow your company's usual procedures for requesting leave

2. Complete required documentation:

   • Request FMLA paperwork from your HR department
   • Have your family member's healthcare provider complete medical certification
   • Medical certification should confirm the family member has a "serious health condition" (terminal illness qualifies)

3. Specify your leave schedule:

   • Determine if you need continuous leave or intermittent leave
   • Intermittent leave allows you to take time off as needed rather than all at once
   • This is particularly useful for hospital visits and providing care 2

4. Understand your rights:

   • Your job is protected during FMLA leave
   • Your health benefits must be maintained during leave
   • You are entitled to return to the same or equivalent position after leave 1, 2

Special Considerations for Terminal Illness Situations

When caring for a terminally ill family member, consider these important factors:

• Hospice and palliative care coordination: If your family member is receiving hospice or palliative care, coordinate your leave with the care team's recommendations 3

• Bereavement support: Be aware that while FMLA covers care for the ill family member, it does not explicitly cover bereavement time after death. Plan accordingly 3

• Flexible visiting arrangements: Many hospitals now offer flexible visiting hours for family of terminally ill patients, which may help you plan your leave schedule 3

• Family presence during critical moments: Healthcare facilities increasingly recognize the importance of family presence during end-of-life care 3

Common Pitfalls to Avoid

• Waiting too long to apply: Terminal illness situations can change rapidly; apply for FMLA as soon as you know you'll need it

• Insufficient documentation: Ensure medical certification clearly indicates the serious nature of the condition

• Not understanding intermittent leave: For hospital care, intermittent leave may be more practical than continuous leave 2

• Failing to communicate changes: Keep your employer updated if your leave needs change

Additional Resources and Support

• Check if your state offers additional family leave protections beyond FMLA
• Some employers offer paid family leave benefits; check your employee handbook
• Consider connecting with hospital social workers who can help navigate resources
• Explore if your employer offers Employee Assistance Programs for additional support

Remember that while FMLA provides job protection, it does not guarantee paid leave. Check with your employer about using accrued paid time off concurrently with FMLA leave to maintain income during this difficult time.