How much time off can I take to care for my sick parent?
Quick Summary
Yes, you may likely be entitled to up to 12 weeks of unpaid leave to care for your father, and you can take this time intermittently if it is medically necessary. Whether you qualify depends on your employer's size and your total hours worked.
The situation
I live in Ohio and have been working for my current employer for about three years now. My father was recently diagnosed with a serious chronic illness that requires intensive medical treatments and regular doctor visits. Starting next month, I will need to take time off to help him with his care and transportation to these appointments. I already spoke to my manager about it, and they mentioned that I might be able to take some time off, but they weren't very clear on how much total time I am allowed to use. I am trying to figure out if I can take my leave all at once or if I can just take a few days here and there every week when his treatments are scheduled. I really need to know if I am entitled to a specific number of weeks off during the year for this situation and if I am allowed to use that time intermittently rather than taking one long block of leave. I want to make sure I plan my paycheck and my schedule correctly so I don't run into trouble with my job while helping my dad.
Detailed Analysis
Under the Family and Medical Leave Act (FMLA), you may be entitled to leave to care for your father because he has a "serious health condition"[2]. An eligible employee "shall be entitled to a total of 12 workweeks of leave during any 12-month period" to care for a parent with such a condition[1].
Regarding your question about scheduling, you do not have to take all your time at once. The law states that leave for caring for a parent "may be taken intermittently or on a reduced leave schedule when medically necessary"[1]. This means you can take a few days here and there for his treatments as long as it is required for his care.
However, your eligibility is not guaranteed just because you have worked there for three years. To be an "eligible employee," you must have worked for your employer for "at least 12 months" and have worked "at least 1,250 hours of service with such employer during the previous 12-month period"[2]. Additionally, your employer must meet certain size requirements; generally, they must employ "50 or more employees for each working day during each of 20 or more calendar workweeks"[2].
Finally, please note that this leave is generally unpaid. While you may be able to use your accrued vacation or sick leave to get paid during this time, the employer is not required to provide compensation for the FMLA leave itself[1].
State, provincial, or local laws may provide additional protections or paid leave options, so you should check Ohio-specific employment rules.
Statutory Citations
Legal Citation: Family and Medical Leave Act of 1993 § 29 U.S.C. § 2612 — Leave requirement
"an eligible employee shall be entitled to a total of 12 workweeks of leave during any 12-month period... In order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition."View Official Legislation →
Legal Citation: Family and Medical Leave Act of 1993 § 29 U.S.C. § 2612 — Leave requirement
"leave under subparagraph (C) or (D) of subsection (a)(1) ... may be taken intermittently or on a reduced leave schedule when medically necessary."View Official Legislation →
Legal Citation: Family and Medical Leave Act of 1993 § 29 U.S.C. § 2611 — Definitions
"The term "eligible employee" means an employee who has been employed— (i) for at least 12 months by the employer... and (ii) for at least 1,250 hours of service with such employer during the previous 12-month period."View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
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