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Legislating From a Distance: The Invisible Burden of "Work Requirements" on Working Caregivers

  • Writer: Mark Fukae
    Mark Fukae
  • Jul 19
  • 5 min read
Our new "Legislating From a Distance" article examines the invisible burden of work requirements on working caregivers. Discover why policies must acknowledge the profound value of unpaid care to protect families and our workforce.
Our new "Legislating From a Distance" article examines the invisible burden of work requirements on working caregivers. Discover why policies must acknowledge the profound value of unpaid care to protect families and our workforce.

By Mark Fukae, Director of Advocacy, Professionals Who Care. Founder, CASI - Caregiver Advocacy and Support Initiative.


At Professionals Who Care (PWC), our mission is to advocate for policies that truly support and protect working caregivers. We understand that a thriving workforce depends on solutions that acknowledge the complex realities faced by individuals balancing professional careers with vital caregiving responsibilities. Our "Legislating from a Distance" series explores how policies crafted without a full understanding of these lived realities can create profound challenges for millions of dedicated professionals. In this installment, we examine work requirements within crucial social safety net programs, as exemplified by principles advanced in H.R. 1, often referred to as the "One Big Beautiful Bill." While these principles are often well-intentioned, we highlight how their application can inadvertently undermine workforce stability and jeopardize the careers of essential caregivers.


Recently, the urgency of this discussion was highlighted by a communication I received from Congressman Gabe Evans, representing my district of CD-08. In his message, Congressman Evans articulated the core principles underpinning work requirements found in legislation like H.R. 1. These principles are commonly advanced with a commitment to "common sense" governance and ensuring that our government "works for the hardworking Americans who fund it."


Proponents of these requirements, as reflected in the Congressman's message, typically emphasize dual benefits for able-bodied adults:

  • Protecting the safety net: The principle that resources should be preserved for those in most genuine need.

  • Encouraging self-sufficiency: The belief that individuals should be encouraged to work, train, go to school, or volunteer part-time to foster independence.


These requirements, it is often clarified, "do not apply to seniors, pregnant women, or people with disabilities." The overarching philosophy centers on "restoring the dignity of work – making sure government assistance helps people get back on their feet, not stay stuck in dependency."


These underlying principles, when viewed from a broad policy vantage point, highlight a desire for fiscal responsibility and individual empowerment. However, when we bring the microscope closer to the daily lives of working caregivers, a profound gap in understanding often emerges between the intended principles and their real-world impact on workforce participation and stability.


The Working Caregiver's Reality: An Unforeseen Workforce Dilemma


The definition of "able-bodied" in policy frequently overlooks the functional reality of providing intensive care, which directly impacts one's capacity for engagement in traditional work or training. A working caregiver, while physically capable, is often performing what amounts to a full-time, round-the-clock, unpaid essential service. For example, my constant presence for my mother, who lives with end-stage dementia, is imperative. She needs reassurance, and I am her primary, daily presence. These responsibilities are not typically compatible with rigid work schedules, training programs, or consistent volunteering without immense personal sacrifice and significant professional disruption.


The application of such work requirements can create an unforeseen and often devastating dilemma for many working caregivers. This is particularly true for younger working adults who are caring for parents. They frequently do not fit neatly into the "senior," "pregnant," or "disabled" categories that might exempt individuals from these requirements. These are often dedicated professionals who are classified as "able-bodied adults without dependents" in the eyes of the law, yet their lives and capacity for traditional employment are inextricably tied to a dependent whose complex needs consume their time and energy.


Current policies, however well-intended, fail to provide adequate protection and support for this vital segment of our workforce, leading to increased rates of job insecurity, financial instability, and burnout, which directly impacts talent retention and overall economic productivity. For many working caregivers, their intense duties create a form of functional disability, restricting their ability to fully participate in the traditional workforce, yet this reality is rarely acknowledged in policy.


As highlighted in previous "Under the Microscope" discussions, the current legal and policy frameworks offer insufficient provisions or safeguards for employees facing such extensive, often unexpected, caregiving demands.


Reimagining Dignity: The Economic and Human Value of Care


The principle of "restoring the dignity of work" in this context inadvertently overlooks the profound dignity inherent in providing essential, unpaid care, and its critical role in supporting our overall economy. Working caregivers perform intimate, life-sustaining services for their loved ones, a demanding role that often necessitates sacrificing their paid employment or advancing their careers. Their "work" supports not only their families but also prevents greater strain on formal healthcare systems and ensures the availability of other workers by reducing the need for costly institutional care.


Imposing traditional work requirements without genuinely acknowledging the unique, often all-consuming nature of caregiving does not truly foster self-sufficiency; it instead pushes families already shouldering immense burdens further into financial distress, exacerbates caregiver burnout, and directly undermines the ability of working caregivers to maintain their professional lives and contribute consistently to the workforce. This demonstrates how policies crafted from a distance can create blind spots that lead to unintended negative consequences for individuals, employers, and the broader economy.


Advocating for Proximity and Workforce Protection in Policy


A truly effective and compassionate social safety net must be designed with proximity to the diverse realities of those it serves. This includes recognizing the essential role of working caregivers and understanding that their "work" is a vital contribution to society. Policies must evolve to acknowledge the complexities of modern families and value all forms of meaningful contribution, ensuring that working caregivers are not penalized for providing crucial, unpaid support.


At PWC, we advocate for legislative solutions that bring greater proximity to policymaking, creating a more sustainable and supportive environment for working caregivers. This means enacting comprehensive support and protections that acknowledge the unique needs of all caregivers. Specifically, this could include:

  • Broadening definitions of "disability" to include functional limitations imposed by full-time caregiving responsibilities within the workforce context.

  • Establishing clear caregiver exemptions for work requirements based on the intensity and duration of care provided, with appropriate attestation.

  • Valuing unpaid care as a recognized form of work or community contribution within benefit eligibility frameworks.

  • Expanding access to paid family leave, respite care, and flexible work arrangements to enable working caregivers to balance their responsibilities without facing impossible choices that force them out of the workforce.

  • Advocating for comprehensive legislation like the Federal CARE Act and the Colorado CARE Act, which propose robust frameworks for caregiver recognition, support, and protections essential for our modern workforce.


Your Voice Matters. Take Action! My own experience with distant policies, like the challenges around work requirements for caregivers, underscores a critical truth: Your voice is the most powerful tool we have. Every share, every comment, every moment of engagement is a drop in the ocean, shaping the stone of policy and perception.

 
 
 

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