Amy Bones

1
Legal Options as a Caregiver

• Amy Bones
• Creighton University
• General Counsel

2
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 todays 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

3
Family Medical Leave ActSerious 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.

4
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 employees 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
• Taking a few hours a week off to take an elderly
  parent who has suffered a stroke to physical
  therapy
• Taking a week off to care for a spouse with
  Alzheimers when the home health aide is on
  vacation

5
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.