TAKING A MEDICAL LEAVE OR LEAVE OF ABSENCE

As a caregiver for a person with cancer, you may have other avenues to explore besides federal and state laws that help provide paid time off, partial paid time off, or a guarantee that your job will be there when you return.

Check your Company Policies

Beyond state and federal laws for caregivers, your company may have developed a formal or informal policy about granting leave for you.

Check in with your supervisor or your human resources staff. You may be surprised. According to a benefits survey conducted in 2003 by the Society of Human Resource Management, 39% of companies surveyed offered family leave about the 12 weeks required by the federal Family Medical Leave Act (FMLA).

Some states have additional FMLA requirements, and 29% of those participating in the survey said their company offers family leave time beyond what is required by the state FMLA.

Be a Trailblazer

If your company doesn't have a policy, and FMLA and any state protection isn't enough to meet your caregiving needs, perhaps you should ask your employer to consider tailoring a policy to meet your needs--and to become a model for future employees who may need the same or similar accommodations.

In the benefits report generated by the Society for Human Resource Management, many companies began to establish more creative medical leave policies for caregivers and others due to employee need and requests.

Model Programs

In some larger companies, with 100 or more workers, employers may be willing to give workers extended leaves, because they have the ability to absorb the duties and workload of a staff person gone for a longer period than 12 weeks, the traditional leave time.

Some larger companies are known for their efforts to help workers with caregiving duties, even if it means bearing some financial hardship. Hallmark, for instance, the greeting card maker, once granted a three-year paid leave to an employee with two critically ill children.

Finalizing Your Leave

If you are putting together a leave based on your needs, and it's forging new company policy, it might be wise to get the details in writing. You could write a simple memo, saying, "This is what I need," or "This is what I am proposing."

That might not hold up in legal proceedings, should they be necessary later. If you want to formalize an arrangement not covered by company policy, you might also consider retaining an attorney to draft it. But that would take the agreement to a level you may not be comfortable with.

Have a Sensible Meeting Strategy

Before you schedule a meeting with your employer, it can help to know what you are entitled to, when it comes to leaves or time off for caregiving, under laws, both federal and state.You should also know the company policy on caregiving leaves.

You can estimate how long you are going to need, if you know. The more information your employer has, the better he or she can plan for your absence and decide how to get the work done while you are gone.

Hold a positive thought that your employer will display good will and be interested in helping you. The more open-minded you can be about what option or variety of options might work to help you fulfill your caregiving duties, the better.

Food for Thought

Ideally, your employer will want to accommodate your need for caregiving. If your request is reasonable, your employer should accommodate it.

But at a certain point, you are at the mercy of your employer when you ask for a leave of absence. If your employer isn't very accommodating, you might point out the high costs of turnover. If you have skills that are unusual and you have a track record, it couldn't hurt to mention those, too, when asking for a leave to care for your family member with cancer.

If your employer still won't accommodate you, it might be time to take a look at the "big picture" and ask why you'd stay in a job that might be an unhealthy situation. It's the worst time to be job-hunting, with the stress of caregiving. The stresses can undermine your self-confidence and the ability to leave an unhealthy situation. But it might be better to find a flexible workplace now than to go on with an employer who may not accommodate your caregiving needs as much as is required.

For additional information, visit FMLA Technical Corrections Coalition and The National Partnership.

SOURCES:

Deanna Gelak, FMLA Corrections Coalition; an organization working for clarifications to the FMLA, and Working for the Future, a Virginia-based organization which promotes work-family flexibility.

Deven McGraw, policy counsel and attorney, National Partnership for Women & Families, Washington, D.C.