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Family and Medical Leave Act, United States

 

In the United States, many people choose to remain home for the end-of-life stage. If their family is able to provide the necessary care, this is often the best option. By dying at home, the people around the dying person are able to control the environment while managing the issues that occur when death is imminent. 

Family and Medical Leave Act 

In 1993, the US federal government passed the Family and Medical Leave Act that would allow eligible employees to take time to care for relatives without fear of losing their job. The care could be to care for a child after birth or adoption, or to care for an immediate family member with a serious illness. Immediate family members are spouse, child under the age of 18 or over 18 only if unable to care for him or herself due to mental or physical disability, or parent. 

Eligibility 

To be eligible for up to 12 weeks of unpaid, job-protected leave, employees must be employed by a covered employer and have worked for them for a minimum of 1 year, 1250 hours over the previous year, and there must be a least 50 employees within 75 miles. 

The employer may request proof (certification) of the health concern, as well second opinions (and third, in some cases) at his or her expense to verify the request. 

Outcome 

Once someone has been found to be eligible for the FMLA, they are guaranteed equivalent employment, if the original is unavailable, with equivalent benefits (salary, benefits, health care, etc.). However, if their job was to be terminated for whatever reason had they been present at work, they may be terminated while on FMLA leave. 

 

Reference:

US Department of Labor FMLA

© 2007-8 Marijke Vroomen-Durning

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