Caregiver Labor Laws

At some point in their career, employees may find themselves juggling work-related responsibilities with the responsibilities of caring for a loved one, such as an elderly parent, sick child or injured spouse. Caregiver labor laws protect employees while still permitting them time to care for someone else.



Employers unfamiliar with caregiver labor laws might make it difficult on employees as their scheduling needs shift, or even terminate them, according to the National Caregivers Library, an online information resource for caregivers. However, caregiver laws prohibit such actions and employees may have cause for legal recourse.



President Clinton signed the Family and Medical Leave Act in 1993, which provides protection for caregivers.

Right to Time Off

• The Family and Medical Leave Act includes caregiver labor laws to protect workers. Eligible employees are entitled to 12 weeks of unpaid time off each year with protected health benefits. Jobs are considered protected, so employers may not retaliate by terminating employees.

Reasons for Time Off

• Caregiver labor laws protect eligible employees who must take time off work to care for loved ones under certain circumstances. Situations warranting time off include caring for a family member with a serious medical condition, working to secure an adoption or foster child placement, preparing for the birth of a child and remaining home for its initial care, or remaining at home to receive medical care for serious, personal medical conditions, according to the National Caregivers Library in an article entitled "Caregiver's Rights."

  Family members are defined as a parent, child or spouse. Serious medical conditions include illnesses requiring treatment or recovery periods exceeding three days. Other examples include long-term illnesses such as Alzheimer's disease or terminal cancer.

Affected Employers

• The Family and Medical Leave Act defines which employers are affected by these caregiver labor laws. Federal, state and local public agencies are included, according to the National Caregivers Library. Schools are included, as are places of employment with more than 50 employees during 20 or more workweeks, according to the caregiver labor laws.

Affected Employees

• Employees must meet requirements under caregiver labor laws in order to receive these benefits. Caregiver labor laws require employees to have worked at an eligible place of employment for at least 12 months and completed at least 1,250 work hours, according to the National Caregivers Library.