Can I Be Fired for Taking Time Off to Care for a Family Member?

Author Name
By Adam Wasserman
Jan 09, 2026 02:00 PM
Young adult woman missing work to help grandmother with paperwork

Can I Be Fired for Taking Time Off to Care for a Family Member?

Short answer: sometimes yes, sometimes no. It depends on whether the time off is protected by law.

The protection most people are thinking of comes from the Family and Medical Leave Act (FMLA) — but FMLA doesn’t apply in every situation.

FMLA Is the Starting Point

FMLA allows eligible employees to take unpaid, job-protected leave to care for themselves or certain family members with serious medical conditions.

But there are limits.

To be protected:

  • Your employer generally must have 50 or more employees
  • You must be caring for a spouse, child, or parent
  • The condition must qualify as a serious health condition

If all of that applies, you generally cannot be fired for taking that leave .

Not All Family Members Are Covered

This is where people get surprised.

FMLA does not cover:

  • Grandparents
  • Aunts or uncles
  • Cousins
  • Extended family

If you take time off to care for someone outside the protected group, your employer may legally fire you — even if it feels heartless.

Smaller Employers Can Still Create Obligations

Even if an employer is too small to be covered by FMLA , they can still be bound by it if they voluntarily offer FMLA-like leave.

If the employer:

  • Promises FMLA leave in a handbook, or
  • Tells employees they offer FMLA protections

They may be required to follow those rules, even if the law wouldn’t normally apply to them.

The Reason for the Time Off Matters

The law looks closely at:

  • Who you were caring for
  • Why care was needed
  • Whether proper notice was given

Two employees can both miss work for family reasons — one may be protected, and the other may not be.

Final Word

You can’t always be fired for taking time off to care for a family member — but that protection is narrow and specific.

Whether your leave was protected depends on who needed care , how serious the condition was , and whether FMLA applies to your employer .

Need Help?

If you were fired or disciplined after taking time off to care for a family member, getting clarity early can help you understand whether your leave was protected — or whether your employer acted within the law.

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