Family Leave Options

Anita,

My dad who lives in Florida just had a massive stroke. I need to help my parents arrange for long-term healthcare and sell their house to pay for it. Is there a way I can assist them temporarily without quitting my job in California and moving across the country?

Dear, Worried Daughter,

I’m sorry your family is going through this difficult time.

The Family Medical Leave Act (FMLA) was enacted to assist in situations such as yours. The FMLA allows eligible employees at companies with 50 employees or more to take unpaid leave for certain family and medical reasons without losing their jobs or health coverage. Covered employees who have worked at least one year and have accumulated 1,250 hours within that year are entitled to 12 workweeks of leave in a 12-month period for:

  • a serious health condition that makes the employee unable to perform the essential functions of his or her job;
  • to care for the employee’s spouse, child, or parent who has a serious health condition;
  • the birth of a child and to care for the newborn child within one year of birth;
  • the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
  • any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty” (military caregiver leave allows servicemembers themselves 26 workweeks of leave)

California also has a similar California Family Rights Act. The CFRA would run concurrently with the FMLA, but there are some differences (for instance, pregnancy is not covered as a serious health condition by CFRA, but is under FMLA). View the California Department of Human Resources’ chart for a comparison.

Your employer may require you to use any paid time off (PTO) before taking FMLA leave. And just like the requirement to get out of gym class back in school, you’ll need the customary doctor’s note to be excused from work under FMLA.

Note also that if you make a contribution toward your group health insurance premiums that is normally deducted from your paycheck, you will have to pay for this out of pocket while on leave. In fact, if you don’t have an emergency fund, 12 weeks of unpaid leave may not be feasible. Unemployment is generally not an option, as you voluntarily went on unpaid leave and you must be available to work to qualify. (Tip: Some utilities such as cable providers may allow a “seasonal hold” while you are away from home, which can be less costly than turning off and then having to pay to reconnect when you return from your leave. Mortgage lenders and landlords may or may not be as willing to defer payments.) If your parents are financially able, they may be able to compensate you for your caregiving time with a personal care agreement. For elderly parents with few assets other than their home, Medicaid’s Cash and Counseling program (available in about 30 states) may help them pay for home health care services – including cleaning, meal preparation, or transportation – from whomever they choose.

Four states have approved paid family leave programs – California, New Jersey, Rhode Island, and Washington (whose program has been deferred due to budget shortfalls). If you are eligible, you may receive a percentage of your base wages for a period of time. Here’s a handy chart showing eligibility and coverage by state.

Readers: When and how has the Family Medical Leave Act benefitted you?

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Getting Credit for International Experience

Anita,
I am a 20 year old female who graduated with a high school diploma. After high school, I was planning to further my education, but I had a family emergency 6 days after graduation and I had to leave the country. Two years later, I’m back in the U.S., but I feel like there have been so many changes in the job market. I’m having a really hard time getting hired because they need people with job experience. I had experience in Mexico, but I can’t prove that because they don’t use my social security number there. Any advice? – A

Dear Anita,
In India, you study for 12 years in school and then get a Secondary School Certificate. Then, you complete 3 years in college and becomes a Graduate. I completed my degree in Commerce, which is called a Bachelor of Commerce degree (B.Com.) from the University of Mumbai, India. I also completed my graduation in Law, which is called Bachelor of Law (LL.B.) from K.C. Law College, India. After that, I was eligible to practice law in Mumbai. My wife is a graduate in Arts, from Gujarat University, India. We have now come to the U.S. as immigrants. Please guide us so that we may proceed in the right direction. – B

Graduates

Dear, Foreign Correspondents,

A, The good news is that you’re young, and many employers won’t expect to see a lot of experience on your application or résumé. Students often take a gap year (or two) before entering college.

It can seem like a vicious cycle – you need experience to get experience! Check out my post about the subject, How to Get Hired if You Don’t Have Experience.

I would certainly include your job experience in Mexico on any applications. Provide an email address in addition to the international phone number for employers to call for a reference. Read Finding Job References for more tips.

B, You certainly want to leverage your past education and experience here in the United States. I did a little research and ran across this article from eLearners on Transferring Credit from Foreign University to U.S. Schools.

In today’s global marketplace, experience with a different culture or fluency in a foreign language can make you more marketable to employers. Tout your multicultural assets! Search job boards for companies who will appreciate you by using keywords such as “international,” “global” or your particular country or first language to find openings.

Readers: I certainly am not an expert in this area, so to my readers who have immigrated, feel free to jump in with your advice!

Earthquake Preparedness

Anita,

I recently moved from the Midwest to Los Angeles to take a great management job. As part of my initiation, my new team took me to see that movie “San Andreas.”  I have to admit, it made me nervous! Do you have any earthquake safety tips that will soothe my fears?

Dear, Shaking in Your Boots,

Seismic_Building
Every region has its natural disasters. If you’re from the Midwest, tornadoes were probably your biggest threat. The southeast has hurricanes (the “best” of all natural disasters, in my opinion, because you get plenty of advance notice.) Wherever you live, learn how to prepare for a natural disaster, and then try to stop worrying. As the saying goes, “Most of the stuff people worry about never happens.”

Building_EarthquakeMillions of people worldwide will participate in the Great Shakeout Earthquake Drill on October 15 at 10:15 AM. You can register your company to, as the website says, “have peace of mind that you, your family, your co-workers and millions of others will be better prepared to survive and recover quickly from our next big earthquake.” Go directly to the Resources page to peruse the appropriate manuals, posters and flyers for an earthquake drill.

The most important thing to remember is Drop, Cover, and Hold On if you are indoors during an earthquake.

  • DROP to your hands and knees.
  • COVER your head and neck under a sturdy table or desk.
  • HOLD ON to your shelter (or to your head and neck) until the shaking stops.

In a high-rise building, stay away from windows, and don’t use the elevator. To avoid collapsing windows or building facades, remain inside if you are inside. If you are outdoors, find a safe area clear of buildings, power lines, trees, and signs.

To prepare for any disaster, keep an emergency supply kit on hand. Visit Ready.gov for a list of recommended items.

Readers: Will you be participating in The Great Shakeout?

Do you have a job-related question? Ask Anita.

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Hope for the Best, Plan for the Worst

Police officer on radioReaders,

In light of the recent Umpqua Community College shootings in Oregon, I wish to express my heartfelt sympathy for the victims and their families.

Sadly, active shooter incidents are becoming more frequent. Having a preparedness plan for workplace violence could help save lives.

The Department of Homeland Security (DHS) notes that there is typically no pattern in the selection of victims in an active shooter incident. There are three basics to remember if a coworker or stranger opens fire in your building:

  1. Run: If there is an accessible escape path, attempt to evacuate the premises. Call 911 when you are safe.
  2. Hide: If evacuation is not possible, find a place to hide where the active shooter is less likely to find you. Lock and blockade the door, hide behind or under large items like file cabinets or desks, and remain quiet (mute your cell phone). If possible, call 911 to alert police to the shooter’s location.
  3. Fight: As a last resort, and only when your life is in imminent danger, attempt to disrupt and/or incapacitate the active shooter.

It’s just as important to react appropriately to law enforcement when they arrive, so they know you are not the threat.

This 3.5-minute video, while dated, is a succinct visual reference for an active shooter situation:

For further resources, consult the extensive DHS Active Shooter preparedness list. The U.S. Department of Labor plan covers the broader scope of workplace violence, including early warning signs of violence from an employee.

Readers: Does your company include Active Shooter Response in its Emergency Action Plan?

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Emergency Preparedness in the Workplace
Natural Disaster Preparation for Managers

Disclaimer

Anita Clew's blog posts are intended for general guidance and should never be taken as legal advice. In all instances where harassment, inequity, or unfair treatment is believed to be present, please consult your HR Department or legal representation.
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