FMLA for family caregivers: what it covers during a parent's move

Your dad was discharged to rehab, the social worker says he can't go home alone, and you have three weeks to find and move him into assisted living. You've heard FMLA might help, but you don't know whether it applies to a move, whether you can take it a few hours at a time, or what your employer will ask for.

This post explains what the federal FMLA covers for someone moving a parent, what it doesn't, and how to request it. It's general information from the Department of Labor's own materials, not legal advice. For the wider question of juggling a job and a move, see moving a parent while working full time.

Are you eligible?

You're covered only if both your employer and you meet the Department of Labor's tests. According to DOL Fact Sheet #28:

• Your employer is a private-sector employer with 50 or more employees in 20 or more workweeks, or a public agency or school of any size.
• You have worked for that employer for at least 12 months,
• have at least 1,250 hours of service in the 12 months before the leave starts, and
• work at a location where the employer has at least 50 employees within 75 miles.

Eligible employees can take up to 12 workweeks of leave in a 12-month period. Your HR department can tell you whether you qualify and how your employer counts the 12 months.

Does moving a parent count as "caring" for them?

It can. FMLA leave is available to care for a parent who has a serious health condition. DOL Fact Sheet #28F says a serious health condition generally involves a period of incapacity, meaning the person can't work, attend school or do regular daily activities because of the condition, its treatment or recovery.

The federal regulation on what "care" means, 29 CFR 825.124, is broader than hands-on help. It includes:

• Physical care when your parent can't meet their own basic medical, hygiene, nutrition or safety needs, or can't get themselves to the doctor.
• Psychological comfort and reassurance for a parent receiving inpatient or home care.
• Filling in for others who normally care for your parent.
• Making arrangements for changes in care, with "transfer to a nursing home" given as the example.

The regulation's example names a nursing home, not assisted living. Whether arranging a move to assisted living qualifies in your case depends on your parent's condition and the facts, so ask HR, or call the Wage and Hour Division at 1-866-487-9243 (1-866-4-USWAGE).

The same regulation adds something siblings should know: you don't have to be the only family member available to provide care. A sibling who could also help doesn't by itself rule out your leave.

Which parents are covered

DOL Fact Sheet #28F defines a parent as a biological, adoptive, step or foster parent, or anyone who stood in place of a parent (in loco parentis) when you were a child. It states that the term does not include parents-in-law.

If your spouse is the one who qualifies to take leave for their parent, that may shape who handles which weeks; see your spouse, your parent and the move.

Taking leave in blocks or hours

You don't have to take 12 weeks at once. Fact Sheet #28 says leave can be taken all at once, in separate blocks, or by reducing your hours per day or week. The regulation on intermittent leave, 29 CFR 825.202, says blocks can range from an hour or more to several weeks.

There's a condition: for intermittent or reduced-schedule leave to care for a parent, there must be a medical need for it that is best met that way. The care regulation, 825.124, adds that intermittent leave can apply when you're only needed some of the time, such as when care is shared with another family member. In practice, many moves break into pieces like these:

• A few hours for a care conference or discharge planning meeting
• Days around your parent's hospital discharge or transfer
• Several days for move week
• Hours for follow-up medical appointments after the move

Ask HR how they'd treat each block. Plan your dates early; the move timeline in moving a parent in 30 days shows where the heavy days usually fall.

How to request FMLA leave, step by step

1. Tell your employer early. Fact Sheet #28E says to give at least 30 days' notice when the need is foreseeable and it's practical to do so, and otherwise as soon as possible and practical. Follow your employer's usual procedures for requesting leave.
2. Give enough information. You don't have to say "FMLA," but you do need to tell your employer enough for them to know the leave may qualify. Mentioning a hospitalization or a serious health condition helps; saying your parent is "sick" may not be enough.
3. Expect a certification request. Your employer may ask for certification from your parent's health care provider and must give you at least 15 calendar days to return it. The Department of Labor's optional form for this is WH-380-F, Certification of Health Care Provider for Family Member's Serious Health Condition. Employers may use their own form instead.
4. Get the form to the doctor quickly. If your parent is in the hospital or rehab, ask the discharge planner or social worker how to route it. For that stage of a move, see from hospital discharge to assisted living.
5. Confirm in writing. Keep copies of your request, the certification and your employer's response.

What to say to HR:

"My father was hospitalized last week and his doctors say he can't live alone anymore. I need to arrange his move to assisted living and help him through the transition over the next month. I'd like to find out whether I'm eligible for FMLA leave, and whether I can take it in blocks: a few days around his discharge, some hours for appointments, and most of the week of the 14th."

Pay, health insurance and your job

• Pay. FMLA leave is unpaid. Fact Sheet #28 says it can run at the same time as employer-provided paid leave, and your employer can require you to use accrued paid leave during it.
• Health insurance. Your employer must keep your group health coverage on the same terms as if you were working.
• Your job. When you return, you must be restored to the same or a virtually identical position. Employers may not retaliate for requesting or using FMLA leave.
• State law. Fact Sheet #28 notes that nothing in the FMLA prevents you from getting more generous protections under other laws. The AARP and National Alliance for Caregiving 2025 survey series counts 13 states and the District of Columbia with paid family leave programs.

If FMLA doesn't apply to you

You may still have options. Ask HR about:

• Your state's family leave or paid family leave program, if it has one
• Paid sick days or paid time off that can be used for family care
• Flexible hours, a temporary reduced schedule or remote days
• Unpaid personal leave under company policy
• An employee assistance program

If the leave you can get is limited, spend it on the days that need you most and hand the rest to others. The Wage and Hour Division (1-866-487-9243) can answer questions about federal FMLA rights.

This article summarizes Department of Labor materials for general information. It isn't legal advice. For questions about your rights, contact the Wage and Hour Division or an employment attorney.

Frequently asked questions

Sources

1. U.S. Department of Labor: Fact Sheet #28, The Family and Medical Leave Act (accessed Sept 2026)
2. U.S. Department of Labor: Fact Sheet #28F, Reasons that Workers May Take Leave under the FMLA (accessed Sept 2026)
3. U.S. Department of Labor: Fact Sheet #28E, Requesting Leave under the FMLA (accessed Sept 2026)
4. eCFR: 29 CFR 825.124, Needed to care for a family member or covered servicemember (accessed Sept 2026)
5. eCFR: 29 CFR 825.202, Intermittent leave or reduced leave schedule (accessed Sept 2026)
6. U.S. Department of Labor: FMLA Forms (accessed Sept 2026)
7. U.S. Department of Labor: Contact the Wage and Hour Division (accessed Sept 2026)
8. AARP and National Alliance for Caregiving: Family Caregivers of Adults Age 50-plus, Caregiving in the US 2025 Series (accessed Sept 2026)