AMY BONESCREIGHTON UNIVERSITY

GENERAL COUNSEL

Legal Options as a Caregiver

Statistics

Half of the US labor force will be caregivers within the next 5 years

While care giving is traditionally associated with women, 45% of today’s working caregivers are men

Nearly two-thirds (63%) of all caregivers age 51-64 work, most full-time; 75% of those caregivers are primary caregivers

Up to 30% of employee have eldercare responsibilities, and 40% of those also have children at home

Eighty percent of older adult care is provided solely by family and friends

The average length of care giving is 8 years

Source: AARP.org

Family Medical Leave Act“Serious Health Condition”

incapacity or treatment connected with inpatient care in a hospital, hospice, or residential medical care facility; or

incapacity (or treatments for) a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); or

incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g., Alzheimer's, stroke, terminal diseases, etc.); or,

any absences to receive multiple treatments by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy; or,

employees may take intermittent leave (e.g., one day off a week) instead of a 12 week block if FMLA leave is for medically necessary care for a seriously ill family member.

FMLA

Up to 12 weeks, unpaid leave when “needed to care for” an immediate family member

What does “needed to care for” mean? According to the rules, providing care extends to

cases where the employee’s family member is unable to care for his or her own basic needs or safety, or is unable to transport himself or herself to the doctor, among other circumstances.

Examples:o Taking a few hours a week off to take an elderly

parent who has suffered a stroke to physical therapyo Taking a week off to care for a spouse with

Alzheimer’s when the home health aide is on vacation

ADA Association Provision

One ADA provision – protects applicants and employees from discrimination based on their relationship or association with an individual with a disability, whether or not the applicant or employee has a disability.