Being a caregiver for a senior loved one is a demanding role that often comes with complex legal questions. Understanding your rights can help you navigate challenges related to employment, medical decisions, and financial matters, ensuring you and your loved one are protected. This guide outlines the key legal rights caregivers should be aware of.
The Family and Medical Leave Act (FMLA)
One of the most significant protections for caregivers is the Family and Medical Leave Act (FMLA). This federal law allows eligible employees of covered employers to take unpaid job-protected leave for specified family and medical reasons.
- Eligibility – You may be eligible for FMLA if you work for a company with 50 or more employees, have worked at least 1,250 hours over the past 12 months, and have been employed there for at least one year.
- Leave entitlement – Eligible employees can take up to 12 weeks of unpaid leave in a 12-month period to care for a spouse, child, or parent with a serious health condition.
- Job protection – When you return from FMLA leave, your employer must restore you to your original job or an equivalent position with the same pay, benefits, and other terms of employment.
Caring for a senior loved one can be rewarding, but it can also be overwhelming for family caregivers who have other responsibilities they need to focus on. Some seniors need occasional assistance at home, and oftentimes the family members who take care of them need time away to run errands, take a nap, go to work, or take a vacation. Respite care experts from Anchorage Home Care Assistance are available on an as-needed basis, giving your family peace of mind that your loved one will remain safe and comfortable while you relax or focus on other important responsibilities.
Workplace Discrimination Protections
Caregivers are also protected from discrimination in the workplace. The Equal Employment Opportunity Commission (EEOC) enforces federal laws that prohibit employers from treating employees unfavorably because of their caregiving responsibilities. This is often referred to as “family responsibilities discrimination.” An employer cannot, for example, deny you a promotion or fire you based on the assumption your caregiving duties will interfere with your work performance. These protections ensure you’re judged on your merits and not on stereotypes about caregivers.
Financial and Medical Decision-Making Authority
To effectively manage a loved one’s affairs, caregivers may need legal authority to make financial and healthcare decisions. Obtaining this authority requires specific legal documents.
- Power of attorney (POA) – A durable power of attorney for finances allows you to manage your loved one’s financial affairs, such as paying bills and managing bank accounts, if he or she becomes unable to do so.
- Healthcare proxy – Also known as a durable power of attorney for healthcare, this document lets you make medical decisions on behalf of your loved one if he or she is incapacitated and cannot communicate his or her wishes.
- Living will – This document outlines your loved one’s preferences for medical treatment in end-of-life situations, guiding your decisions as a healthcare proxy.
If your loved one gives you durable or medical power of attorney, you’ll have the authority to hire a home caregiver for him or her. The type of home care service Anchorage seniors need can vary. Some need assistance a few hours a day, while others require more extensive around-the-clock assistance. At Home Care Assistance, we tailor our care plans based on each senior’s individual care needs, and the plans can be adjusted at any time. We are a trusted provider of respite and 24-hour care, and we also offer specialized Alzheimer’s, dementia, Parkinson’s, and stroke care for seniors.
Access to Health Information (HIPAA)
The Health Insurance Portability and Accountability Act (HIPAA) protects an individual’s private medical information. As a caregiver, you may need access to your loved one’s health records to coordinate his or her care. To gain access, your loved one must sign a HIPAA release form that designates you as a person with whom your loved one’s healthcare providers can share information. Without this authorization, doctors and hospitals cannot legally disclose medical details to you, which can create significant barriers to managing your loved one’s care.
If your loved one wants to continue living at home as long as possible, help is available. Whether you need respite from your caregiving duties or your aging loved one needs live-in care Anchorage families can rely on, Home Care Assistance can meet your family’s care needs. Our dedicated caregivers are available around the clock to provide transportation to doctor’s appointments, ensure seniors take their prescribed medications, and help with a variety of tasks in and outside the home. If your loved one needs professional care, Home Care Assistance is here to help. To hire a compassionate, dedicated caregiver, call us at (907) 770-0907 today.