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Grassroots Movement Behind Bills to Expand FMLA

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The federal Family Medical Leave Act was enacted 20-years ago this month.  While the anniversary is considered a milestone, and millions have used the FMLA, many believe it’s time for an update. 

The law allows employees to take unpaid leave to care for a child, parent or spouse.  But Anne Marie Pearson of Chester County was thrust in the role of caregiver for her sister, who had nobody else to help her battle late-stage gynecologic cancer.  “Our father is deceased and our mother is elderly with medical conditions of her own,” Pearson explains of the situation in 2008.  “Joanne was not married and she did not have any children, so there really wasn’t anyone to help take care of Joanne, and get her back-and-forth to those chemotherapy appointments, radiation appointments and so many doctor visits.” 

Pearson was immediately turned down through the Family Medical Leave Act because it does not cover siblings, and her attempts to obtain a special exemption went nowhere.  Ultimately she had to quit her job of 16-years; a decision Pearson says she’d make 100-times over. 

Joanne has since passed away, but Anne Marie Pearson has taken up a grassroots movement to expand the FMLA in Pennsylvania for others in similar situations.  “I figured no one law out there can dictate who’s considered family anymore.  There’s death, divorce, separation, single people – they all play a role in everybody’s family unit.” 

While the FMLA is a federal law, the best chance for action is the state-level, and Pearson’s local legislators have taken up the cause.  State Rep. Dan Truitt (R-Chester) and State Senator Andy Dinniman (D-Chester) have introduced companion bills in Harrisburg, which would – under special circumstances – provide up to six weeks of unpaid leave for an employee to care for a sibling, grandparent or grandchild. 

Such individuals would only be eligible if the person being cared for has no living spouse, child (over 17-years-old) or parent (under 65-years-old).  The bills would mirror the federal law, which means that small businesses would be exempt. 

Truitt’s bill has been assigned to the Aging & Older Adult Services Committee.  Dinniman’s co-sponsorship memo is currently being circulated.

Flurry of Bills Signed

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In the wake of all the yearend legislative activity, Governor Tom Corbett signed 23 bills on Thursday.  Perhaps the most controversial new law (SB 732) will hold abortion facilities to the same standards as ambulatory surgical centers throughout the state.  “It is extremely disappointing that Governor Corbett signed this politically-motivated bill into law,” Planned Parenthood Pennsylvania Advocates Executive Director Sari Stevens said in a statement.  “Make no mistake, this new law has everything to do with politics.”

The bill was drafted in response to a grand jury’s tragic and filthy discoveries at one Philadelphia abortion clinic.  Supporters say it’s about safety.  But critics say the costly new regulations will actually close down safe abortion facilities, and ultimately jeopardize women’s health.  This new law takes effect in 180-days. 

Another new law will provide a boost to Pennsylvania’s one-million family caregivers.  The Pennsylvania Caregiver Support Act will increase the maximum monthly reimbursements from $200 to $500, and for the first time open up the program to caregivers who do not live in the same household.  “Here in Pennsylvania we had such restrictive eligibility requirements – one being that you had to live under the same roof – we were leaving about a million dollars on the table every year because families could not qualify,” says Vicki Hoak, executive director of the Pennsylvania Homecare Association.  The Caregiver Support Program is funded through Lottery dollars; it requires no new state spending.   

It’s going to be easier to buy beer on Sunday, with the enactment of HB 242.  Beer distributors will be allowed to be open from 9am until 9pm on Sundays, compared to the previous noon to 5pm restrictions.  “The legislature recognized that consumers are shopping at different hours, outside of traditional hours,” says Pennsylvania Malt Beverage Distributors Association President Mark Tanczos.  HB 242 will also allow restaurants to start serving alcohol earlier on Sundays, in order to accommodate the Sunday brunch crowd. 

Some of the other bills signed on Thursday will reauthorize Philadelphia’s Automated Red Light Enforcement System, enact a capital budget for the current fiscal year, and codify the new congressional maps.

House Votes to Update Caregiver Program

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Vicki Hoak is executive director of the Pennsylvania Homecare Association.

Vicki Hoak is executive director of the Pennsylvania Homecare Association.

Pennsylvania’s Family Caregiver Support Act was written to reimburse eligible families for expenses relating to caring for an older adult at home, but reimbursement rates have never increased and restrictive guidelines have kept many families on the outside looking in.  “In fact, these restrictions have led to almost $1-million dollars going unspent last year,” says executive director of the Pennsylvania Homecare Association Vicki Hoak.  That’s despite a waiting list for the program. 

The state House voted unanimously (199 – 0) for a bill that would ease those restrictions to allow non-relatives into the program, and increase the maximum monthly reimbursement rate from $200 to $500 dollars.  “I developed a keen interest in the program, and became concerned with the fact that despite the obvious increase in our cost of living, since the program began in 1990, the reimbursements to caregivers were never adjusted upward,” says the bill’s prime sponsor Matt Baker (R-Tioga/Bradford), who has personal experience as a family caregiver.   

Advocates say seniors want to age in their own homes, and State Rep. Phyllis Mundy (D-Luzerne) points out that it’s far less costly to care for a person at home than in an institutional setting.  “The economic value of Pennsylvania’s caregivers has been estimated in the billions,” Mundy said on the House floor.  “Without the support of these unsung heroes, our commonwealth would face even greater fiscal challenges.” 

This is the fourth time the House has passed such a bill, and Rep. Baker hopes this is the year it makes it past the goal line.  He says the Corbett administration has indicated its support.  Up next for HB 210 is the State Senate, where Kim Ward (R-Westmoreland) has introduced a companion bill.  The Family Caregiver Support Program is funded through the Pennsylvania Lottery.

AARP Lobby Day

A ‘Sea of Red’ at the State Capitol

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Dick Chevrefils

Dick Chevrefils talks with Radio PA

Between 800 and 1,000 Pennsylvania members of AARP gathered on the state capitol lawn, Tuesday, for their annual lobby day.  All donned red AARP t-shirts.  State director Dick Chevrefils says they came to share their voices with the legislature about the issues that are important to the AARP.  “There’s a family caregiver piece of legislation that’s in both the House and Senate that we’re hoping is going to pass because it’s going to make a big impact on people that have the responsibility of caring for a loved one.”

The bills (HB 210 and SB 639) would allow neighbors and friends to enroll in the Family Caregiver Support Program, which is currently only open to relatives.  It would also increase the maximum monthly reimbursement from $200 to $600.  “It’s not going to cost the state any additional money… the funds are already there,” Chevrefils tells us.  The program is funded through state lottery revenues and federal sources.  Both bills have already passed the committee level and await additional action in their respective chambers. 

AARP members are also paying close attention to the state budget debate.  “We’re waiting to get a full picture of the budget, but at this point it’s basically watching and making sure we’re protecting the people of Pennsylvania,” Chevrefils says.  Their goal is to ensure there’s no loss to the funding for services that help people maintain their independence and stay in their homes: “When you see that sea of red, it’s the collective power of people coming together.  These people care about everybody – not only older people – but children, families, people with disabilities.  It’s all about people.”