Today we are witnessing a rapidly growing elderly population. As diversity and longevity become two terms that describe America's workforce and population, the Federal Government is addressing the issues of aging and its impact on our families, work environment, and productivity.
An increasing number of American employees face the challenges and responsibilities of caring for an aging family member or friend. More than 65 million people, 29% of the U.S. population, provide care for a chronically ill, disabled or aged family member or friend during any given year and spend an average of 20 hours per week providing care for their loved one1. Recent estimates from the United States Department of Health and Human Services (HHS) indicate that individuals turning 65 might require up to three years of long term care. Unpaid caregivers, such as family members or community volunteers, provide the majority of that long term care.
The Federal Government offers a wide array of workplace flexibilities and work-life programs that can be combined in many ways to achieve the type of flexibility that allows employees time off for elder caregiving needs. OPM's Handbook on Workplace Flexibilities and Work-Life Programs for Elder Care provides assistance and demonstrates how these flexibilities and programs work together to support employees who are providing elder care for a family member. Additionally, this handbook provides various tools for employees to use in preparing and planning for time off for elder caregiving. It must be read in conjunction with agency and component-specific flexibilities and program policies and, to the extent they comport with applicable law, any applicable collective bargaining agreements.
Elder Care & Work
Family caregivers work as many hours on average (45 hours) as those without caregiving responsibilities (44 hours). Many are a part of the “sandwich generation” (46% of women and 40% of men); as such, they have children under the age of 18 at home. Almost half of the workforce (49%) expects to be providing elder care for a family member in the coming five years. Given these demographics, it is important that the Federal Government offer programs, policies, and initiatives to assist employees who are currently, or who will be, responsible for providing care to an elder.
The transition into elder caregiving will affect various aspects of your life and will, undoubtedly, impact your experience at work. Communication with one’s manager is critical; as a result, he/she will be better prepared to support you. There are resources one can easily tap into, as well. Three very helpful resources are your agency’s Employee Assistance Program (EAP) Administrator, Work-Life Coordinator, and Elder Care Coordinator. They can provide information and support to set priorities and make decisions. You can find your agency’s coordinators by searching the Work-Life Contact Tool. Another helpful resource is the ELDER CARE LOCATOR. HHS’s Administration on Aging (AoA) provides this public service for older adults and their families. Information specialists are available by phone at 1-800-677-1116 or Internet via web chat at from 9 a.m. – 8 p.m., EST.
Additionally, many agencies offer dependent care programs that provide support for elder caregivers. Examples of such programs include:
- Seminars and brown-bags to provide information related to elder care;
- Support groups for elder caregivers; and
- Emergency back-up care, which provides care services when existing care arrangements have fallen through unexpectedly.
Health-Related Benefits
Federal employees enjoy a broad selection of health plans and health related benefits to meet their family care needs. Long term care insurance and flexible spending accounts are two of the health-related benefits that Federal employees can use in managing an elder care situation.
Federal Long Term Care Insurance Program (FLTCIP). Long term care insurance can be used for long term care for those enrolled and their qualified relatives, and can help pay for ongoing expenses incurred when caring for an elder. For more information about FLTCIP and to find out if you are eligible to enroll, please visit www.ltcfeds.com.
Flexible Spending Account (FSA). Flexible spending accounts allow an employee to put aside a portion of his or her salary before taxes to pay for many common out-of-pocket expenses related to health care and dependent care. For more information on OPM’s Federal Flexible Spending Account Program (FSAFEDS) and how to utilize FSAs to assist with elder care needs, please see www.fsafeds.com.
Leave Programs
The Federal Government offers various leave and work scheduling flexibilities to assist employees in meeting their work and family obligations. The Handbook on Workplace Flexibilities and Work-Life Programs for Elder Care explains the available leave options that can be used separately or in combination to help an employee balance his or her work and family life related to care of an elderly family member.
Alternative Work Schedules
Alternative Work Schedules (AWS) permit an employee to complete an 80-hour biweekly pay period in less than 10 days. Employees have a right to request an alternative work schedule 16 without fear of retaliation in accordance with agency policy and any collective bargaining agreements. These schedules enable managers and supervisors to meet their program goals while, at the same time, helping employees to better balance work, personal, and family responsibilities. There are two categories of Alternative Work Schedule—compressed work schedules and flexible work schedules. For more information on using Alternative Work Schedules to help manage your elder care responsibilities, review the Handbook on Workplace Flexibilities and Work-Life Programs for Elder Care.
Telework
Telework provides employees the flexibility to better manage their work, family, and personal responsibilities. Under an agency's telework policy, an employee may be permitted to work at home or at another worksite. Telework may also be used in conjunction with paid leave or other workplace flexibilities and can provide employees with valuable additional time for elder care responsibilities by reducing commuting time or by allowing employees to temporarily care for a family member who resides in a different geographic location. Agencies must satisfy their collective bargaining obligations in accordance with law.
Telework must be approved by the employee’s supervisor based on the agency telework policy and the ability of the employee to accomplish his or her work and should be accompanied by a formal written telework agreement that spells out expectations. Such telework agreements should, for example, outline a work schedule that indicates the days and hours of the week the employee will be working, outline any additional requirements (e.g., technology needs) beyond requisites laid out by law, clarify any assumptions regarding the frequency and modes of communication (e.g., email vs. telephone, core hours for contact, or speed or expected timeframe for returning calls and emails) and establish terms under which the agreement can be modified or terminated. The official worksite for an employee covered by a telework agreement is the location of the regular worksite (i.e., the place where the employee would normally work absent a telework agreement) as long as the employee is scheduled to physically report to the regular worksite at least twice each biweekly pay period.
The manager and the employee should establish a dialogue to determine whether the employee can accomplish all or at least some part of his or her duties while caring for an elderly family member. The focus should remain on the work, while striking a balance with the employee’s caregiving responsibilities. The open dialogue should occur throughout the period of caregiving.
Tip
It is important to remember that an employee may not care for a family member while engaged in the performance of official duties. However, when making a determination about telework eligibility when an employee will be caring for an elderly family member, the focus should remain on the work and the ability of the employee to perform official duties without interruption for specified periods of time, not on the proximity of the elderly family member in the home. Decisions should be made on a case-by-case basis.
Temporary Agreement for Working in a Different Geographic Location
In certain situations, an agency may grant a temporary exception to the physical reporting requirement, such as for employees to care for elderly family members in a different geographic location. For more information, see OPM's telework webpage and our Official Worksite for Location-Based Pay Purposes fact sheet.
As is the case for any telework arrangement, telework from a temporary location away from an employee’s official worksite should be accompanied by a formal written telework agreement that spells out expectations. If an agency approves a temporary exception to the physical reporting requirement, there is no change to an employee’s worksite or location-based pay. Extensions of 18 telework from a temporary location away from an employee’s official worksite may be granted on a case-by-case basis.
Remote Work
In certain cases, an agency may approve a remote work arrangement. Remote work arrangements may be approved in situations in which the employee is not scheduled to report physically to the regular worksite (i.e., the place the employee would work absent an agreement) at least twice each biweekly pay period and a temporary exception has not been granted. Remote work arrangements may be appropriate when the time period that the arrangement will last is unknown or extends beyond what the agency considers temporary and becomes a more longstanding arrangement. In this arrangement, the official worksite is the remote worksite, which may cause a change in the location-based pay the employee receives. A remote work arrangement could also change an employee’s bargaining unit status, which could change other conditions of employment applicable to the employee. Remote work arrangements should be documented in a formal agreement that addresses all the contingencies that may arise (including, for example, whether the arrangement is time-limited or permanent, and, if the former, expectations about the terms of the employee returning to the primary worksite at the conclusion of the caregiving period).
Remote work is not appropriate for all employees but may be available for employees wanting to be closer to elderly family members. The distinction as to whether a work situation should be considered telework or remote work is extremely fact-specific, and must be made by the agency on a case-by-case basis.
Remote work can provide employees with valuable additional time for elder care responsibilities by allowing employees to care for a family member who resides in a different geographic location or location that makes commuting to a traditional office setting difficult.
Remote work is not a substitute for elder caregiving, and an employee may not actively care for an elderly family member while working from the home or an alternative worksite. To support work accomplishment, the employee cannot be expected to effectively accomplish work while actively caring for an elderly family member.
Employee Assistance Programs
All Federal agencies are required by law to provide Employee Assistance Programs (EAPs). An EAP is a voluntary, confidential program that helps employees (including management) work through various life challenges that may adversely affect job performance, health, and personal well-being to optimize an organization's success. Your agency’s EAP can direct employees to a wide range of resources available to assist with the care of an elderly family member, such as short-term counseling; confidential assessments; referrals for assisted living and long term care facilities; financial resources; estate planning; legal planning and resources; and even assistance with Medicaid, Medicare, and Social Security. Employees should contact their EAP coordinator to learn more about the specific services offered at their agency. EAP coordinators can be located through your local HR office or searching the work-life contact database.
For more information, please see OPM’s webpage on Employee Assistance Programs.
Equal Employment Opportunity Resources on Caregiving
Although Federal Equal Employment Opportunity (EEO) statutes do not prohibit employment discrimination based solely on parental or other caregiver status, there may be circumstances under which discrimination against a working parent or other caregiver constitutes unlawful disparate treatment under Federal EEO statutes. The U.S. Equal Employment Opportunity Commission (EEOC) has issued the following guidance addressing these issues:
Information on Protections for Federal Employees
Federal employees, former Federal employees and applicants for Federal employment who believe they have been subjected to illegal discrimination or prohibited personnel practices, should promptly contact the relevant office(s) within their agencies. In addition,