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Caregiver Rights and Protections

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Family Medical Leave Act (FMLA)

FMLA allows eligible employees to take time off to care for a spouse, child, or parent (not a parent in-law) with a serious health condition. Public and private employers with 50+ employees must provide FMLA benefits.

With FMLA, you can:

  • Take up to 12 unpaid weeks per year
  • Keep your group health insurance
  • Return to the same (or equivalent) position
  • Choose to take continuous leave. (You have to provide start and end dates for leave. You do not work during that time)
  • Choose to take intermittent leave. (You take time off as needed, to care for the patient. You don’t have a regular schedule for time off.)

Ask your transplant team if they recommend continuous or intermittent leave.

To use FMLA, you must:

  • Have worked 1,250 hours during the 12 months before the leave starts
  • Ask your Human Resources (HR) Department to confirm you are eligible for FMLA
  • Tell your employer 30 days before you need to use FMLA, if possible
  • Tell your employer as soon as you can, if you cannot give 30-day notice
  • Ask the transplant team to complete paperwork for your HR Department

Learn more about FMLA in Resources.

Family Responsibilities Discrimination (FRD)

Being a caregiver can make it difficult to manage responsibilities at work. Family Responsibilities Discrimination, or Caregiver Discrimination, is discrimination (real or perceived) against an employee who is also a caregiver.

Caregiver Discrimination can include:

  • Not being offered a job or promotion
  • Harassment
  • Less pay
  • Negative employment action because of your caregiving responsibilities

Federal law does not directly prohibit Caregiver Discrimination, but some federal and state laws offer protection:

  • Title VII of the Civil Rights Act of 1964
  • American with Disabilities Act
  • Equal Pay Act
  • Family Medical Leave Act

If you think you are experiencing discrimination at work because you are a caregiver, you can file a complaint with the Equal Employment Opportunity Commission or with your state. Learn more in Resources.

Caregiver Toolkit > Organ Transplant Caregiving > Legal and Financial Considerations

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This content was developed independently by AST and supported by a financial contribution from Sanofi