adandfmla

Advance Directive is a term that refers to the oral or written instructions of a patient about their future medical care in the event that they can no longer speak for themselves. There are two types of advance directives: a living will and a power of attorney.

Living Will - A document in which you express your wishes about medical treatments in the event that you cannot communicate at the end of life. Individual states laws may specify when a living will goes into effect and what treatments are affected by it.

Medical Power of Attorney - A document that allows you to appoint someone you trust to make medical decisions on your behalf if you become unable to do so on your own. A medical power of attorney is sometimes known as a "health care proxy" or an "appointment of health care agent". In many states your medical power of attorney is able to speak for you at any time when you are incapacitated, not just at the end of life.

Advance directives are there to protect the patient from unwanted medical procedures, even when they are too incapacitated to voice their refusal. The use of advance directives is governed by both state and federal laws. Under the federal law called the Patient Self-determination Act a health care facility that receives Medicare or Medicaid funds are required to inform patients of their right to execute an advance directive. All fifty states and the District of Columbia have laws recognizing advance directives.

To get further information on the laws regarding advance directives in your state, please go to www.choices.org. At that site there is a booklet available called "Questions and Answers: Advance Directives and End-of-Life Decisions"

Family and Medical Leave Act of 1993

    Under the Family and Medical Leave Act (FMLA) of 1993, employers are required to provide up to twelve weeks of unpaid, job-protected leave to "eligible" employees for certain family and medical reasons. An employee is "eligible" if they (1) Have worked for a covered employer for one continious year and (2) for 1250 hours over the previous twelve month period and (3) there are at least 50 other employees within a 75 mile radius.

    Unpaid leave must be granted for any of the following reasons:
1. to care for the employee's child after birth, or placement for adoption or foster care
2. to care for the employee's spouse, son, daughter or parent who has a serious health condition
3. for a serious health condition that renders the employee incapable to perform his or her job functions.

    Employees may be required to provide advance leave notification and medical certification. The taking of leave may be denied of requirements are not met. Some of these requirements include:
1. 30 day advance leave notification, when the event is forseeable.
2. If leave is for a serious medical condition, an employer may require medical certification
3. A second or third opinion may be necessary (at the employer's expense) to provide medical certification

    During FMLA leave the employer must continue to provide health insurance under any group health plan. When the employee returns to work they must be granted their original position (or the equivalent) with their original (or equivalent) pay, benefits and employment term. Using FMLA leave cannot result in the loss of any employment benefits accrued prior to the start of the employee's leave.
    The FMLA makes it illegal for an employer to deny leave to any eligible employee. The US Department of Labor is authorized to investigate and resolve and complaints and/or violations.