Elderhood Project

Family Leave for caregiving

By Kirk Matthews

Not all caregivers are able to provide care for a family member on a full time basis. Many remain employed as they continue their new role. But companies are required by law to provide a certain amount of time for those employees who are caregivers.

"Federal law applies to companies that have at least 50 employees and it gives those employees who need time off to care for their elders, their parents with a serious health condition up to 12 weeks per year," said Attorney John Knorek.

State law applies to companies with 100 or more employees and that gives them four weeks of leave. John Knorek is an attorney specializing in human resources and family leave law.
He points out that employees can use a combination of paid and unpaid leave.

"Our state law in fact mandates that employees be able to use sick leave which might normally only apply to their own absence to actually take time off to care for a sick family member," said Knorek.

There are cases where an elder might not require constant care. That situation is also covered by family leave law.

"So employees would be able to use what they call intermittent leave or smaller portions of that 12 week absence or four week absence to care for that parent. Things like Alzheimer's, dialysis, other kinds of treatment," said Knorek.

The Equal Opportunity Commission discovered in a survey that women provide 70 percent of unpaid elder care. And there was an interesting ethnic statistic.

"And in their description of the use of absences, they find that Asian American families provide almost twice as much financial support and care for their elders than some other ethnic groups," said Knorek.

With our aging population and more caregiving required, modifications are being made to the family leave law.

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