NYSCRC October Newsletter

Legislation to establish a federal strategy to address the needs of family caregivers - including those supporting people with developmental disabilities - is gaining steam.

The U.S. Senate unanimously approved a bill known as the Recognize, Assist, Include, Support and Engage, or RAISE Family Caregivers Act late last month. The legislation now goes before the House of Representatives.

The measure would direct the secretary of health and human services to create and implement a national plan to "recognize and support family caregivers" that incorporates recommended steps that can be undertaken at the federal, state and local level.

In addition, the bill calls for the secretary to convene a family caregiving advisory council comprised of federal officials and stakeholders in the community to weigh in on what the government can do to assist an estimated 40 million family caregivers nationally.

Sponsored by lawmakers from both parties, the caregivers act has support from Autism Speaks, the Autism Society, Easterseals, United Cerebral Palsy, The Arc and other disability groups.

"By passing the bipartisan RAISE Family Caregivers Act in the Senate, we have taken an important step forward to formally recognize and support our family caregivers across America," said Sen. Tammy Baldwin, D-Wis., who spearheaded the legislation along with Sen. Susan Collins, R-Maine. "If we are serious about ensuring that our older adults and loved ones with disabilities receive the highest quality care in their own homes, then we owe it to our current and future generations to continue to fight to see the RAISE Family Caregivers Act move forward and be signed into law."

Paid Family Leave - Coming to New York in January 2018

According to AARP, the paid-family-leave program, which Gov. Andrew Cuomo (D) signed into law last year, lets workers take paid time off to care for a newborn or a close relative with a serious illness or when a family member is called for active military duty.

Virtually all private employers in the state are required to offer the benefit to workers who have been employed full time at least 26 weeks or part time for 175 days. Public employers may opt in.

In 2018, employees can receive half of their weekly wages for up to eight weeks. Over the next three years that will increase to 67 percent over 12 weeks.

If workers earn more than the statewide average weekly wage (currently $1,305.92), replacement wages will be capped at a percentage of that amount, starting at 50 percent and rising to 67 percent by 2021.

Employees are also entitled to return to their old jobs, or one with comparable pay and benefits, and continue their health insurance, paying their portion of the premium while they're out.

The benefit, funded through payroll deductions, is available to noncitizens and undocumented workers, too.

The state benefit is in addition to the federal Family and Medical Leave Act of 1993, which allows eligible workers to take up to 12 weeks of unpaid job-protected leave for certain medical and family reasons.

The New York State Paid Family Leave Program-advocated by AARP New York-is expected to help an estimated 6.4 million state residents who lack access to paid family leave, according to A Better Balance, a national legal advocacy group.