Paper Number: 5
Project: Family Caregiving
Sector: Human Rights Law, Workplace Law,
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Table of Contents
CHAPTER 1 BACKGROUND AND PROJECT
OVERVIEW
I. Introduction
II. The Social Framework: Recent Changes Impacting Family Caregiving
III. The Ideological Framework: Theorizing Family Care and the Meaning of Work
IV. The Legal Framework Governing Family Care
V. Methodology, Structure and the Role of Story-Telling in this Report
VI. The Value of Care: How Value and Values Inform this Project
VII. Why this Study Paper is Needed
CHAPTER 2 – FAMILY CAREGIVING IN BC
I. The Growth of Community Care in Canada
II. Demographics Fueling the Caregiving Crisis
III. The Prevalence of Family Caregiving
IV. Family Caregiving and Women
V. What is Family Caregiving?
VI. A Note on the Term €œFamily Caregiver€
CHAPTER 3 – EMPLOYMENT LEAVE FOR FAMILY CAREGIVING
I. Overview of the Employment Standards Act
II. Family Care Entitlements under the Employment Standards Act
A. Section 52 – Family Responsibility Leave
B. Section 52.1 – Compassionate Care Leave
III. Comparison with other Jurisdictions in Canada
A. Short-Term Leave
B. Long-Term Leave
IV. The Unionized Worker
V. Employment Insurance and Caregiving Leave
VI. The Results of our Survey of BC Employers
VII. Comparisons with other Leave Rights in BC
VIII. Problems with the Employment Standards / Employment Insurance Framework
IX. International Review – Alternative Approaches
X. Conclusion
CHAPTER 4 – FAMILY RESPONSIBILITIES ACCOMMODATION IN THE WORKPLACE
I. The Meaning of Workplace Flexibility
II. Employee Access to Work Flexibility in BC
A. BC Caregivers seek Additional Workplace Flexibility
B. Flexibility, Part-time Options and the Results of our Survey of Employers
III. The Human Rights Framework in British Columbia
IV. Family Responsibilities Discrimination in BC – The Recent Legal Test
V. Recent Family Responsibilities Discrimination Cases in BC and Canada
VI. An Overview of Criticisms of the Campbell River Test
VII. The Bigger Picture – The Meaning of €œFamily Status€
A. Human Rights Legislation in Canada
B. Supreme Court of Canada Guidance on the Meaning of Family Status
C. Other Relevant Grounds: Marital Status and Sex
VIII. Human Rights Approaches to Caregiver Discrimination outside Canada – Alternatives to the Family Status Ground
A. The United States
B. New Zealand
C. Australia
D. Discussion
IX. Employment Standards and the Duty to Accommodate
X. The European Union and Part-Time Employment Rights
XI. Conclusion: Employment Standards vs. Human Rights
CHAPTER 5 – INDIRECT COMPENSATION OF CAREGIVERS THROUGH THE TAX SYSTEM
I. The Financial Consequences of Family Caregiving on the Caregiver
II. An Overview of the Tax Approach
III. Tax Credits Available to Family Caregivers<
A. Personal Credits
– (i) Wholly dependent person
– (ii) In-home care of a relative [Caregiver Tax Credit]
– (iii) Dependents
– (iv) BC Act – Personal Credits
B. Medical Expenses Credit
– (i) BC Act – Medical Expenses Credit
C. Disability Tax Credit
IV. Criticisms of Existing Tax Credits in BC and Canada
V. The Refundable Caregiver Tax Credit: An Option for Reform
VI. Tax Incentives and Caregiving Labour
VII. Reflections on the Income Tax Approach to Compensation
VIII. Conclusion
CHAPTER 6 – DIRECT PAYMENTS TO CAREGIVERS
I. Income Support for Family Caregivers
II. British Columbia Programs for Self-managed Care
III. International Innovations in Direct Compensation of Family Caregivers
A. Care Allowances
B. Family Caregiver Wage
C. Transferable Payments to Care-Recipients
IV. Conclusion
CHAPTER 7 – PENSION REFORM TO ADDRESS THE LONG-TERM FINANCIAL CONSEQUENCES OF FAMILY CAREGIVING
I. An Overview of the Pensions System in BC
A. Old Age Security (OAS)
B. Canada Pension Plan (CPP)
II. The Canada Pension Plan Drop-out Provision: A Model for Reform
A. CPP – Child Rearing Provision
B. CPP – Low earnings drop-out provisions
III. Problems with the Drop-out Provision Approach>
IV. International Innovations in Pension Security for Family Caregivers
A. Carer Pensions
– (i) Australia
– (ii) Norway
B. Pension Plan Contributions for Family Caregivers
– (i) France
– (ii) Germany
– (iii) Norway
– (iv) Sweden
– (v) United Kingdom (U.K.)
V. Conclusion
CHAPTER 8 – CONCLUSION
I. Overview
II. The Law of Family Caregiving
A. Employment Leave Provisions
B. Family Responsibilities Accommodation and Workplace Flexibility
C. Measures that Offset Income Loss
– (i) Income Tax Measures
– (ii) Payments to Caregivers
– (iii) Pension Security
III. Recap: Summary of our €œFictitious€ Caregivers
IV. Impact of Current Laws on our Caregivers
A. Leave
B. Workplace Accommodation
C. Income Support
D. Pension Security
V. Options for Reform
1. Employment Leave
2. Workplace Accommodation of Family Responsibilities
3. Caregiver Tax Credit
4. Direct Income Support
5. Pension Security
6. Valorization of Caregiving Labour
VI. Final Words: Law Reform to Support Family Caregiving
APPENDICES
A. Family Caregiving Leave Legislation in Canada
B. International Comparative Table
C. Country Profiles
D. Comparison of Value of Payments to Caregivers – Methodology
E. BC Family Caregiver Survey – Summary of Findings
F. BC Family Caregiver Survey (English version)
G. Annotated Bibliography of Select Material
H. Family Responsibilities Discrimination: An International Review of Approaches to Accommodating Family Caregiving Obligations, Article by Krista James and Emma Butt
I. Law Reform to Address Family Responsibilities Discrimination, Presentation by Krista James and Kacey Krenn
J. The Family Caregiving Legal Research Project, Article by Krista James
K. The Family Caregiving Legal Research Project, Presentation by Krista James
L. Care/ Work Powerpoint Presentation
This project was made possible by funding by the Law Foundation of British Columbia.
© 2009. British Columbia Law Institute. All rights reserved
Library and Archives Canada Cataloguing in Publication
Care/work : law reform to support family caregivers to balance paid work and unpaid caregiving / a study paper prepared by the British Columbia Law Institute & Canadian Centre for Elder Law.
(BCLI study paper ; v. 4) (CCEL study paper ;v. 4) Includes Compact disk. ISBN 978-1-894278-43-0
1. Caregivers–Legal status, laws, etc.–British Columbia. 2. Caregivers–British Columbia–Economic conditions. 3. Caregivers–Government policy–British Columbia. 4. Labor laws and legislation–British Columbia. I. British Columbia Law Institute II. Canadian Centre for Elder Law Studies III. Series: BCLI report ; 4 IV. Series: CCELS study paper ; 5
RA645.37.C3C36 2010
649.8’09711
C2010-9
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