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Getting guardianship is time consuming and expensive and unless the person is proven to need this, you may not get it anyway. I would talk with an elder attorney about this issue if you go this route.
I think you also need to check the rules, maybe even through an attorney, about FMLA. I am not an expert on this, but I've never heard that you need to be the guardian in order to take leave.
Please keep us posted as what you find out will help others.
Carol
Everyone has someone they will be caring for at some point, so if you can find a supervisor or manager to champion your request, it might be simpler than going through the enormous amount of paperwork required for guardianship; especially as there is no guaratee that that will qualify you.
The only thing I am confused about, Ann, is where you suggest that FMLA is approximately 60 percent replacement pay while on leave.
If there is any pay to earned while on and approved FML it is limited to accrued hours that the employee has on the books prior to starting FML. The employee is required to exhaust accrued leave prior to being placed in unpaid leave status.
All I could think of when you mentioned the 60 percent replacement pay is that maybe you know of an employer that has an internal policy and/or practice that supplements an employee's income if the employee has exhausted all leave and is about to go into unpaid leave under FMLA? Is that what you might be referring to, perhaps, Ann? Sure would be nice of any company if they are doing that as under the FMLA replacement pay is not required.
Like Carol, my understanding of how FMLA is generally administered by employers is that there is no replacement pay other than one's own leave balances, if one has leave balances available to use. Otherwise, unpaid leave up to the 12-week max all the way. I welcome hearing from you, Ann, regarding how it works when you have seen the 60 percent replacement. Sounds like there may be a creative and compassionate employer out there, which is great news for some employees, at least.
FMLA has a provision whereby accrued (paid) vacation, holiday and vacation time can be used in those circumstances when you are taking off for care. In addition, any time taken that is covered by FMLA has a continuation of benefits. In many cases these benefits (medical, dental, life, pension, etc) are wholly or partially paid for by the employer. The employer is required to continue those payments and make arrangements for any co-pay with the employee.
As far as the 60% figure as a ballpark reimbursement # for FMLA cost, when you factor in using accrued paid time off and the value of continuation of benefits it works out as an average of the usual salary. Surprisingly some employers still have programs where they do allow a sliding scale of days to weeks of paid emergency / maternity leave after being with the company for a set amount of time.
It is worth talking to your employer about. It seems to me that as life gets more complicated in the 21st century, we all need to have something put aside to tide us over those times when we can't work or have to take time off due to caregiving. Just like people fought for maternity leave, we should be asking for parity - if the company regularly lets people leave for the kid's doctor appointment or soccer game, then it should be the same for those of us who care for an elder. Telecommuting should also be an option that we can ask for - - certainly the cost to recruit, hire and train a new work is more than accomodating a good employee who is concientious enough to care about a family member
i was on fmla for 6 mos and had to decided what to do , go back to work or quit , of course i quit cuz dad still needed 24 -7 care .
sounds like you have a good job there and i would hang on toit , i threw away my 10 yrs of job to care for dad .
it is alot of work and alo t of heart aches . i woke up this morning felt like i been hit by a semi . thin k about it ,, youre a granddaughter and u better just hang on to ur job , job s are hard to find nowdays ...let your parents worry about gma and what to do about it .
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