What are the 4 Caregiver rights in California?
Employers often face lawsuits from caregivers for violating caregivers’ rights, such as basic wages.
Employers often face lawsuits from caregivers for violating caregivers’ rights, such as basic wages.
Lily loves her dad, Jack, and would do anything for him. Now that Jack is eighty years old, he has started to feel his age. These days he has a hard time walking and is starting to use a wheelchair more and more. Worse, he suffers from dementia, which means that he has started to struggle with eating and drinking, and he often forgets where he is. Once, Lily had to call the police because her father went missing while on a walk around the block. It turns out he had gotten lost and ended up walking alongside a freeway. Lily’s kids love their grandpa, and Lily doesn’t want to put him in a senior home just yet. But she understands that her dad needs a lot of specialized care. Lily thereby becomes the family caregiver, but she wants to know how this will affect her employment and her rights. She wonders, what rights do caregivers have?
A caregiver is an individual who has taken on the role of both care provider and advocate. While the state of California must still improve the support and infrastructure available to caregivers, the state is taking positive steps. In general, California recognizes and respects a caregiver’s responsibility. Therefore, there are relevant laws and rights which caregivers in the state should be aware of, as well as the changes currently being made to help caregivers.
The California Hospital and Family Caregiver Law, which went into effect in 2016, established rights for caregivers and ill loved ones when it comes to hospital care. Before the law went into effect, family caregivers were not always kept informed on when loved ones were transferred between hospitals or discharged from care. Frustratingly, this would keep caregivers out of the loop on matters related to their relative’s care. The California Hospital and Family Caregiver Law has achieved much in this area. The law now requires hospitals to:
Example: Rosa is the designated caregiver for her husband, Hector, who suffers from ALS. Whenever Hector needs hospital treatment, Rosa is kept updated by doctors and nurses about her husband’s condition and status. While in the hospital for an extended stay, Hector is moved to a different clinic for specialty care. Immediately, Rosa is informed so that she can go to the new clinic to be with her husband. At the new clinic, Rosa is taught about her husband’s new wheelchair, how to use it, and what new medications she will have to administer. Rosa is thankful that all of these instructions are delivered in Spanish, her and Hector’s native language.
The California Paid Family Leave Act (PFL), is a program that helps replace wages, or subsidize income, for family caregivers or new parents who must take time away from their regular jobs to provide care to loved ones. The law is applicable to individuals in California who meet the following requirements:
As of July 1, 2020, eligible caregivers can take up to 8 weeks of time off within a 12-month period, and at any time in that period. The time off does not have to be consecutive (all eight weeks in a row, for example), and the caregiver will receive partial payment for wages lost during that time off.
Example: Mohammed’s wife has just given birth to their third baby, and Mohammed is thrilled. However, he recognizes that his wife cannot care for three young children all on her own while also recovering from childbirth. He applies for time off under the California Paid Family Leave Act, which would allow him to stay at home with his wife and help her care for the new baby. Under the program, he will receive subsidized wages to help make up for the work that he is missing. Mohammed is thereby able to take off eight weeks from work and support his growing family.
The California Family Rights Act (CFRA) is a law that permits caregivers to take leave from work to provide care for a family member without fear of losing their job. The law applies to individuals in California who meet the following requirements:
As of July 1, 2020, eligible caregivers can take up to 12 weeks of time off within a 12-month period, and that time may be taken at any point in that period. The time does not need to be taken consecutively (all twelve weeks at once, for example), and employees are protected from losing their job or being demoted during this time off.
Example: Britney works at an office in Culver City. She has just given birth to her first child, a little boy named Noah. In order to recover from giving birth and to take care of little Noah, she applies for leave under the California Family Rights Act. Under the law, she receives 12 weeks of leave to care for her new baby. She is assured that her job will be there for her when she gets back from her time off, and her position will be the same.
Under the California Paid Sick Leave policy, employees are allowed to take a minimum of three sick days per year. These days must be job-protected and paid. In California, employees are eligible is they meet the following requirement:
An employee in California may use sick leave for themselves or a family member. These days can be used for the following reasons:
As of 2021, California has been considering making an amendment to its employment laws. The proposed amendment would give additional protections to family caregivers. At present, an employer is legally allowed to discriminate against an employee based on their status as a family caregiver. This amendment would change that.
In theory, the proposed law would affect caregivers’ rights in the following ways: