Legal Rights of In-Home Caregivers

Caregiving puts high demands on workers.

Who takes care of the caretaker? Legal rights help give in-home caregivers a social framework to refer to when the demands of the job exceed what's fair. A 2004 report by the National Alliance for Caregiving showed that making time for self and managing physical and emotional stress were the most reported unmet needs among caregivers. Caregiver rights aim to ensure such a lack is never the fault of the caregiver's employer.

Caring for a Family Member

Employed persons with family members in need of in-home care may find some relief from the Family and Medical Leave Act. This act gives qualifying persons the right to take up to 12 weeks off from their jobs and give full-time care to an ailing relative. Although this leave is unpaid, it does guarantee continued health care coverage and reinstatement to the former position or its equivalent.

Working for Another

Working in someone else's home as an employee can be especially stressful. Problems sometimes arise over differing personalities, and language and cultural barriers. An employer also may act less professionally than she would outside the home.

In the book "Current Practices in High-tech Home Care," the authors quote Dr. Frederic Reamer's principle in balancing patient-caregiver needs: "an individual's right to basic well-being takes precedence over another individual's right to freedom." Based on this principle, then, an employer would give attention to not only the patient's well-being, but also to the caregiver's.

Caregiver Bill of Rights and Human Rights

The caregiver can help ensure that her rights remain respected by understanding herself what her rights are. An unauthored document, "Caregiver's Bill of Rights," lists some basic rights and needs of every caregiver, including the assertion, "I have the right to take care of myself." Such awareness lies in harmony with Article 24 of the United Nations' Universal Declaration of Human Rights, which stateseveryone has the right to rest and leisure, including reasonable limitation of working hours.

Variable Labor Rights

The specifics of general labor rights that caregivers can expect vary from state to state. But the federal Fair Labor Standards Act consistently supports the core principles of these general rights, namely, a minimum wage, overtime pay and employee equality. Keeping strict watch on the number of hours worked helps ensure that caregivers receive due compensation for their work, and that these hours don't exceed what is reasonable for them. Further, by familiarizing themselves with local labor laws, caregivers will empower themselves to protect and assert their labor rights.

References

• National Alliance for Caregiving: Caregiving in the U.S.
• National Caregiver's Library: Caregiver's Rights
• "Current Practices in High-tech Home Care"; Lenard W. Kaye, et al.; 1999
• National Cancer Institute: When Someone You Love is Being Treated for Cancer - Caregiver's Bill of Rights
• The Universal Declaration of Human Rights: Article 24
• "Nursing Home Administration"; James E. Allen; 2011