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"There is nothing in the law that protects you."

  • Writer: Mark Fukae
    Mark Fukae
  • 15 hours ago
  • 2 min read

A bright teal digital graphic titled "21st Century Guardrails - Part III - Taming the Executive." In the upper left, a square inset image shows a diverse group of people—including a person in a wheelchair and an elderly person with a cane—walking toward the U.S. Capitol building, guided by glowing orange rectangular barriers. The right side features a large yellow circle with the main title. At the bottom, a quote reads: "There Is Nothing in the Law That Protects You," positioned next to the "Professionals Who Care" circular logo.
Taming the Executive: In Part III of our "21st Century Guardrails" series, we explore the precarious reality for caregivers when legal protections are absent. Without intentional policy "guardrails," families are left vulnerable. It is time to evolve our laws to ensure that care is not just a personal burden, but a protected right.

By Mark Fukae - Director of Advocacy - Professionals Who Care


"There is nothing in the law that protects you."

Those nine words changed everything for our Director of Advocacy, Mark Fukae.


For two years (2022-2023), Mark had remote-work accommodations to care for his mother with dementia. Then in April 2024, his mother-in-law joined their household with Type 1 diabetes and reduced heart and lung capacity.


The multigenerational caregiving intensified dramatically.


Later in 2024, a Return-to-Office policy erased two years of documented accommodations.

HR's response: "You can always use FMLA and FAMLI."


As if 12 weeks of leave could address chronic conditions that require daily care.

"We ALL have family obligations, but we need to suck it up."

That's when Mark went looking for the law-and found a vacuum.

FMLA: Unchanged since 1993. Built for short-term events, not long-term caregiving.ADA: Protects disabled workers, not family caregivers.CADA: Mentions "caregiver" but offers no protected status.


There is no law that protects long-term family caregiving.


Not in Colorado. Not federally. Nowhere.


When Congress walked away, the executive filled the vacuum.


Caregivers now live inside administrative discretion-CMS memos, budget directives, guidance letters. Rules that change with each administration.


On Feb 28, 2026: U.S.-Israeli strikes on Iran (Operation Epic Fury) launched without congressional authorization.


Korea. Tonkin. Post-9/11. Today.


When crises hit, domestic programs get deprioritized. HCBS becomes "non-essential."


Caregivers are told to wait.


The Colorado CARE Act is a modern guardrail.


It makes caregiver status a protected class. Requires reasonable accommodations. Prevents creative dismissal. Creates rights that don't disappear during crises.



Sign the petition: https://chng.it/DLWncS9wtT



 
 
 

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