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For caregivers of loved ones living with disabilities, meeting the demands of your professional life while carrying out the responsibilities of caregiving can be immensely challenging.
Depending on your situation, you may qualify for an extended leave from work that will allow you to keep your job while you focus your time on caring for your loved one.
Under the FMLA, employers cannot fire employees because they took leave, protecting employees’ right to leave work when certain family members become severely ill.
As a caregiver, you play a crucial role in your family as you support your loved ones, but caregiving responsibilities can conflict with work commitments. The FMLA can help employees balance their responsibilities.
FMLA is typically unpaid leave. However, it allows you to hold on to your job while also requiring your employer to continue your health benefits while you are on leave.
Employees who qualify for FMLA can use this type of leave in a number of different circumstances, including if they are having a baby, adopting a child, donating an organ, or suffering from a severe health problem. For those who are caring for an immediate family member with a serious health condition, FMLA may also be an option.
In addition, employees with a child who is unable to care for themselves due to a disability may be able to take advantage of FMLA leave. Under FMLA, “disability” is defined as “conditions that substantially limit one or more major life activities or bodily functions.” In certain cases, such conditions may include such health issues as epilepsy, asthma, diabetes, or cancer that is in remission.
The U.S. Department of Labor launched a new series of webpages over the past year to help people understand their rights under the FMLA. The webpage is a useful resource for caregivers, providing a library of guides, frequently asked questions, and fact sheets. One such fact sheet details the criteria for using FMLA leave to care for a child with a disability. Another focuses on taking leave when a family member has endured a serious injury, illness, or other physical or mental condition that has left them incapacitated.
The Department of Labor’s dedicated family caregiver webpage addresses several challenges you could face.
Being away from work can pose challenges for the caregiver’s career. Some employers are not supportive of employees who take FMLA leave, and employees may face illegal workplace retaliation.
In addition to work obligations, many caregivers have multiple roles at home. For instance, an individual might need to care for a sick parent as well as their own children.
Caring for a loved one with a severe health condition can take an emotional toll, and caregivers might feel overwhelmed.
Those caring for older adults might need help finding elder care services.
The U.S. Department of Labor webpage supplies information to help you navigate the workplace while also caring for a loved one.
Available information includes:
Speaking with an employer about taking leave
Taking leave when a family member has a serious health condition
Utilizing FMLA for a parent of a child with a disability
Using military family leave
Leaving to care for a parent or other past caretaker
Proving that you have a severe health condition
Filing a complaint against an employer, such as a complaint for retaliation
Accessing caregiver resources
Locating a nursing home, assisted living facility, or other care
Finding services for veterans
Identifying state agencies where individuals can learn about their rights and apply for benefits
In addition to reviewing the U.S. Department of Labor webpage, speak with an attorney if you are contemplating taking FMLA leave. A special needs planning lawyer can help you understand your right to leave, including how to protect yourself should your employer retaliate against you.
Contact Sharek Law Office at 412-347-1731 or click here to schedule a complimentary 15-Minute Call to learn what guidance we can provide for your unique situation.
This article is a service of Sharek Law Office, LLC. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life and Legacy Planning Session, during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life and Legacy Planning Session and mention this article to find out how to get this $750 session at no charge. Please note this is educational content only and is not intended to act as legal advice.
In the journey through the golden years, regular health check-ups emerge as a cornerstone of proactive senior care, offering a vital means of maintaining overall well-being. As our bodies naturally undergo changes with age, routine health examinations become essential for early detection and prevention of potential health issues. Regular check-ups enable healthcare professionals to monitor key indicators such as blood pressure, cholesterol levels, and glucose levels, providing invaluable insights into an individual's cardiovascular and metabolic health. Detecting and addressing these factors early on can significantly reduce the risk of chronic conditions, ensuring seniors can lead healthier and more active lives.Moreover, regular health check-ups serve as a proactive approach to holistic senior care, encompassing not only physical but also mental well-being. Cognitive health assessments, screenings for conditions like osteoporosis, and discussions about mental health concerns are integral components of these check-ups. By fostering open communication between seniors and healthcare providers, these examinations create opportunities for personalized care plans and the management of age-related health challenges. In essence, the importance of regular health check-ups for seniors extends beyond the diagnosis of illnesses; it embodies a commitment to preventive care, early intervention, and the promotion of a higher quality of life in the later years.
If youre part of a blended family (meaning you are married with children from a prior marriage in the mix), youre no stranger to the extra considerations and planning it takes to keep your familys life running smoothly from which parent your children will be with for the holidays to figuring out the schedule for a much-needed family vacation. Youve also probably given some thought to what you want to happen to your assets and your family if something happens to you. But what you might not have realized is this: If you dont create a plan for your assets before you die, the law has its own plan for you that might not reflect your wishes for your assets, especially your retirement assets. And if youre in a blended family, this can have a significant financial impact on the ones you love and even create expensive, long-term conflict.This week, we explain how the law affects retirement distributions for married couples, and why you need to be extra careful with your retirement planning if youre in a blended family to ensure your retirement account assets go to the right people in the right amounts after youre gone.Be Aware of How ERISA Affects 401K DistributionsIf youve remarried, you and your new spouse have probably talked about updating the beneficiary designations on your retirement accounts to reflect your blended family arrangement. (If you havent talked about it, you need to talk about it ASAP). Sometimes, people who are remarried decide to leave their retirement funds to their children from a prior marriage and leave other assets like their house and savings accounts to their current spouse. You may do this to avoid future conflict between your spouse and your children over your assets.But even if you want to leave your retirement for just your children, if youre married and your retirement account is a work-sponsored account, your children wont inherit the entire account even if you name them as the sole beneficiaries. Thats because the federal Employee Retirement Income Security Act (ERISA) governs most employer-sponsored pensions and retirement accounts. Under ERISA, if youre married at the time of your death, your spouse is automatically entitled to receive 50 percent of the value of your employer-sponsored plan even if your beneficiary designations say otherwise.The only time that your surviving spouse would not inherit half of your ERISA-governed retirement account is if your spouse signs an official Spousal Waiver saying they are affirmatively waiving their right to inherit 50 percent of the account, or if the account beneficiary is a Trust of which your spouse is a primary beneficiary. IRAs Have Different Rules Than 401KsIf you want your children to inherit more than 50 percent of your work-sponsored retirement benefits, and completing a Spousal Waiver isnt an option, consider rolling the account into a personal IRA instead.In contrast to 401(k)s and similar employer-sponsored plans, IRAs are controlled by state law instead of ERISA. That means that your spouse is not automatically entitled to any part of your IRA. When you roll a 401(k) into an IRA, you gain the flexibility to name anyone you choose as the designated beneficiary, with or without your spouses consent. On the other hand, if you want to ensure your spouse receives half of your retirement savings, make sure to include them as a 50 percent beneficiary or better yet, have your individual retirement account payout to a Trust instead. With a Trust, you can:Document exactly how much of your retirement you want each of your loved ones to receiveControl when they receive the funds outrightEasily update and change the terms of your Trust without having to remember to update your financial accounts.Beneficiary Designations Always Trump Your WillWhether you have an employer-sponsored 401K or an IRA you manage yourself, there is one critical rule that everyone needs to know: beneficiary designations trump your Will.A Will is an important estate planning tool, but most people dont know that beneficiary designations override whatever your Will says about a particular asset. For example, if your Will states that you want your retirement account to be passed on to your brother, but the beneficiary designation on the account says you want it to go to your sister, your sister will inherit the account, even though your Will says otherwise.Similarly, lets imagine that you get divorced and as part of your divorce decree your ex-spouse agrees that they will not have any right to your retirement fund. However, after the divorce, you forget to take their name off of the beneficiary designation for the account. If you die before updating the beneficiary designation, your former spouse will inherit your retirement account. If you forget to update your ERISA-controlled account and have remarried, your current spouse would receive half of the account and your former spouse would receive the other half. Thats why its so important to work with an estate planning attorney who can make sure your accounts are set up with the proper beneficiary designations and ensure that your assets are passed on according to your wishes.Work With An Attorney Who Makes Sure All Your Assets Will Be Passed On How You Want Them ToUnderstanding how the law affects different types of assets is essential to creating an estate plan. But theres more to it than just having a lawyer you need an attorney who takes the time to really understand your family and your assets so they can design a custom plan that achieves your goals for your assets and your legacy. Thats why we help our clients create an inventory of all of their assets to ensure that every asset they hold is accounted for and passed on to their loved ones exactly as they want it to.Contact Entrusted Legacy Law at 412-347-1731.
In the delicate tapestry of aging, where memories form the threads that weave life's narrative, dementia introduces unexpected intricacies. Memory care, a tender expression of compassion, seeks to honor and uplift seniors traversing this challenging terrain. Join us on a journey as we explore the artistry of supporting our elders with grace and understanding.Harmonizing with Dementia:Dementia, a gentle whisper of forgetfulness that echoes through time, invites us to create a sanctuary of support. Through personalized routines, we compose a symphony of stability, providing seniors with a comforting melody of familiarity amid the uncertainty of memory's ebb and flow.The Canvas of Supportive Environments:Structured Routine: Like the gentle strokes of an artist's brush, a structured routine paints a canvas of predictability, offering a comforting backdrop against the ever-changing landscape of dementia.Memory-Friendly Spaces: Sculpting living spaces with intention, we carve out havens that speak the language of familiarity. Clear signs, uncluttered spaces, and cherished items form the brushstrokes that redefine the boundaries of a memory-friendly environment.Meaningful Activities:In the vibrant palette of activities, we find hues of joy and connection. Music, art, and gentle exercises become the pigments that breathe life into each day, invoking a spectrum of emotions that transcend the limits of memory.Harmony in Communication:Clear and Simple Communication: The gentle cadence of clear and simple language becomes the language of empathy, a conduit that bridges the gap between confusion and comprehension.Non-Verbal Cues: Like a silent ballet, non-verbal cues gracefully dance alongside words, creating a symphony of communication that transcends the confines of language.Active Listening: In the sacred space of active listening, we lend our ears to the unspoken melodies of our seniors, offering validation and understanding in the absence of complete clarity.Caring for Caregivers:Education and Training: The nurturing soil of education and training allows caregivers to bloom into knowledgeable guides, navigating the delicate landscape of dementia with wisdom and understanding.Respite Care: A respite, a moment of reprieve, becomes the gentle breeze that revitalizes caregivers, preventing burnout and ensuring the continuity of compassionate care.Joining Support Groups: In the mosaic of caregiving, support groups form a mosaic of understanding, offering caregivers a sanctuary of shared experiences, advice, and the reassurance that they are not alone.In the enchanting realm of memory care, where love and empathy intertwine, we discover the beauty of honoring our seniors with dementia. Through the strokes of structured routines, the colors of meaningful activities, and the gentle dance of communication, we craft a masterpiece of care that transcends the challenges of memory loss, embracing the journey with unwavering grace.
Our Firm Prepares You for Life What makes our firm different is that we were built with the needs of growing families in mind. We understand you are BUSY, you are growing, you are planning for a life of prosperity and you value ease, convenience and efficiency. You are raising children, and caring for elderly parents, while also working hard to build your own nest egg for a lifetime of support. You want to know youve made the best decisions for your family and that your plan will work when your loved ones need it most. You want to make sure your minor children would be raised by the people you choose, and never by anyone you wouldnt want, and that your teens and adult children are properly prepared to care for you and what you leave behind. You want to feel confident that youve made the right choices, and handled everything so that you arent leaving behind a mess, when something happens. That is our focus as well. Weve developed unique systems to give you the same access to a Personal Family Lawyer as was previously only available to the super-wealthy, so you can have the guidance you need to build and maintain a life of prosperity and wealth. And, to keep your family out of court and out of conflict, which is the greatest risk to the people you love and all you have created, even if youve already worked with a traditional lawyer or created documents online. Our Team Is Here for You We encourage communication with our clients. In fact, weve thrown out the time clocks so you never have to be afraid to call with a quick question. Everything we do is billed on a flat-fee basis, agreed to in advance, so there are never any surprises. We have a whole team to serve you. When you call our office to ask your quick question, you wont have to wait hours or days for a phone call back. Youll get your question answered, right away. And, if you need to schedule a more in-depth legal or strategic call with your Personal Family Lawyer, a call will be scheduled when you're both available and ready for the call so we can make the very best use of your time and not waste your time by leaving voicemail after voicemail back and forth. And, we ensure the most important details of your planning are followed through on and your plan continues to work throughout your lifetime. We have a funding coordinator to ensure your assets are owned the right way throughout your lifetime and none of your assets will end up going through a long, expensive court process or being lost to the state because they were missed after your death. Weve created unique membership programs to keep your plan up to date year in and year out as well as give you access to our Trusted Team of Legal Experts for guidance on ANY legal or financial matter. One day you will need a lawyer. I dont know why and I dont know when, but when you do, you will be grateful you can call on us and well be here to advise you or get you out of a jam. We Help You Transfer Your Life and Legacy Lastly, we believe your financial wealth is only a small part of your overall Life and Legacy Planning which is made up of your far more valuable and most often lost upon incapacity or death intellectual, spiritual and human assets. These assets are what make you who you are, and sum up whats most important to you. And, a survey of inheritors has revealed that what they care about even more than inheriting your money, is inheriting these intangible assets. Most estate plans only focus on the transfer of your financial wealth to the next generation. Most people have such great intentions of passing on the intangible, but very few ever get around to it. Its just not a priority, until its too late. How much do you know about your grandparents values? Their most prized personal possessions? How they felt about you? What they had learned during their lifetime? If you are like most people, you know very little. Thats why we build the capture and passage of these most valuable assets into every estate plan we create. Not only will we help you pass on your money, but also your values, your insights, your stories and your experience the truly valuable assets your loved ones care about the most. Weve developed a tool that allows us to capture and pass on your whole family wealth, including your Intellectual, Spiritual and Human assets. I cant go into all of the details here, but well definitely talk about it when you come in for your Life and Legacy Planning Session.