Protecting Caregivers: Navigating Federal & State Laws for Job-Protected Leave

If you’re a caregiver for a loved one with a serious medical condition, taking time off from work may be necessary. According to the official website of Triage Cancer, on January 10, 2023, the options for job-protected leave will vary depending on your relationship with the person you’re caring for. This article will provide an overview of how family members are defined by laws, federal and state protections for caregivers, and California’s expansion of the definition of “family.”

Based on the official website of NCSL on September 9, 2022, a federal law, the Family and Medical Leave Act (FMLA), allows eligible employees to take up to 12 weeks off per year for their own serious medical condition or as a caregiver for a family member. The FMLA only covers three types of relationships: spouses, parents, and children. Other family members, like in-laws, grandparents, and siblings, may have to look to state law for other protections.

Some states have broad family leave laws, such as Connecticut and Oregon, allowing leave for caring for siblings, domestic partners, grandparents, and more. According to a report by Littler on October 3, 2022, California recently expanded its definition of family under the California Family Rights Act (CFRA) and Healthy Workers Healthy Family Act (HWHFA), now allowing leave for a “designated person” related by blood or equivalent to a family member. Employers of any size are now required to provide paid sick leave to employees caring for a “designated person.”

It’s important for caregivers to understand the available laws, protections, and resources. Triage Cancer provides free resources on its caregiver topics page.