Caregivers, listen up! Today I am sharing a post written by Devin Golden written late last year over on the Mesothelioma Guide and although it’s catering to a specific demographic, you should read it anyway, especially if you anticipate complications related to family health concerns. What is interesting about this post is that it was written back in December 2019 just prior to the sweeping burden of the Coronavirus. Illnesses of all kinds unfortunately force families into making uncomfortable decisions and as a caregiver, or someone anticipating the decline of a loved one, it’s good to know your employment rights when assessing a strategy for care. Read below and do so wearing your “caregiver” cap. Don’t get caught up thinking too specifically about mesothelioma or you’ll miss the point. The most important take away here is that you might have employee rights in the event caregiving responsibilities demand your attention. The solution is far from perfect but this is a good starting point for full time employees fearful they’ll lose their jobs if they get called away. Read Devin’s post below for the details:

Choosing to be a caregiver is a selfless and giving act. 

Since mesothelioma is an aggressive cancer, caregivers are essential for patients with all stages of this disease. A common question for us at Mesothelioma Guide is, “Who can be a mesothelioma caregiver?” The American Cancer Society defines a caregiver as anyone not paid to provide care to a person. Whether a spouse, child, parent, sibling or close friend, mesothelioma caregivers sacrifice much of their lives to help someone in need.

Another common question is, “Can mesothelioma caregivers continue working?” They often sacrifice their professional goals and time to care for the patient. These unselfish acts should not be penalized, and caregivers should know their employment rights.

We at Mesothelioma Guide list and explain three regulations that protect employment aspirations and situations for mesothelioma caregivers. If you’re a mesothelioma caregiver, or a patient researching for their caregiver, read these laws and then contact us with further questions. Our patient advocate, Jenna Campagna, is available via email at jenna@mesotheliomaguide.com and can further assist you with caregiver-related information.

Anti-Discrimination Law

The Americans With Disabilities Act is a federal law protecting caregivers from workplace discrimination. The rule applies to companies that have at least 15 employees. The United States Equal Employment Opportunity Commission (EEOC) explained how the act helps people with caregiving responsibilities. “Persons discriminated against because they have a known association or relationship with a disabled individual also are protected,” the EEOC website states, continuing that the government’s definition of “disabled individual” includes cancer patients. Caregivers, therefore, should not be terminated from employment or denied employment if they can manage the job’s requirements. However, mesothelioma caregivers aren’t entitled to special treatment, such as extra time off or modifications to the workplace.

Unpaid Family Leave

Mesothelioma caregiving can be the equivalent of a full-time job. When the cancer progresses to its later stages, or when the patient undergoes invasive treatment such as surgery, more attention is required of the caregiver. Therefore, they may need to take time away from their regular routine, including their full-time employment.

The Family and Medical Leave Act of 1993 allows caregivers to take off work without losing their employment. The law provides up to 12 weeks of unpaid time off and covers a range of caregiving responsibilities:

• Traveling for medical appointments

• Post-surgery care

• Staying at home when the disease reaches its later stages and the patient cannot be left alone

According to the U.S. Department of Labor, the law applies to company with at least 50 employees living within a 75-mile radius of the worksite; and caregivers who have worked for their employer for at least 12 months and at least 1,250 hours during the past 12 months.

Paid Family Leave

Not every mesothelioma caregiver can afford to take off weeks or months without any income. For that reason, some states have enacted paid family leave laws. According to Conquer Magazine, five states (California, New Jersey, New York, Rhode Island and Washington) provide this service to caregivers. The National Conference of State Legislatures states that Washington D.C. also has a paid family leave law. As recently as 2017, only three states provided this assistance to mesothelioma caregivers. More states could enact similar measurements, so you should contact Mesothelioma Guide to learn if your state applies.

About the Writer, Devin Golden

Devin Golden is the content writer for Mesothelioma Guide. He produces mesothelioma-related content on various mediums, including the Mesothelioma Guide website and social media channels. Devin's objective is to translate complex information regarding mesothelioma into informative, easily absorbable content to help patients and their loved ones.

My caregiver journey came about due to Alzheimer’s and Dementia which are quite different from mesothelioma however their diagnoses impact loved ones in much the same way regardless of illness. The emotional, physical and financial responsibilities can greatly impact both patients and families so do your homework. Make sure you know your rights and be prepared to self-advocate. Stay healthy friends! We live in a dangerous and unpredictable healthcare world.