Child and Family Social Policy

Governmental laws have significant impact on the way we live by helping or hindering people in different ways.
This page is meant to highlight relevant laws, certain key effects they create, and suggest actions in light of the laws.
Here are some laws that may be helpful to you:

 

Policy Name: Child Support: Administrative Code 55.3 & Family Code 157.265

Summary:
Texas Administrative code 55.3 stipulates that a recipient of welfare services must cooperate with the Attorney General’s Office. Also, Family code 157.265 allows the state to accrue a six percent interest rate on unpaid child support. Also, other penalties such as license suspension, wage garnishment, prison time, and liens can apply.

Implications:

  1. Cooperation means the single parent must help the state locate the non-custodial parent, including establishing paternity. If a parent does not cooperate, benefits can be reduced or terminated. An exception is possible in cases involving domestic violence. Also, a provision allows for the cooperating parents’ information to be confidential.
  2. A single parent may be hesitant to apply for TANF if they do not want the non-custodial parent to be involved in the child’s life: However, the OAG will work with the parent.
  3. A parent who is not paying child support is subject to penalties for non-payment.

Suggestions:

  • A single parent (custodial) can apply for government assistance such as Medicaid or Food Stamps.
  • Single parents (non-custodial) create a budget that allows him/her to pay some child support to avoid accruing fees & 6% interest rate.

Policy Name: Family Medical Leave Act (FMLA)
https://www.dol.gov/agencies/whd/fmla

Summary:
The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave (you cannot be fired or replaced) for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.
1) Twelve workweeks of leave in a 12-month period for:
a) a child’s birth;
b) care of newborn child within 1 year of birth;
c) adoption or foster care within one year of placement;
d) employee’s spouse/child/parent with serious health condition;
e) serious health condition hindering/disabling full performance of job functions;
f) qualifying exigency regarding employee’s spouse, son, daughter, parent covered military member on “covered active duty”.
2) Twenty-six workweeks of leave during a single 12-month period:
a) covered service member with serious injury/illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

Implications:

  • You’re eligible for FMLA if your employer is: government, public school,  or private business with over 50 employees AND you have worked 1250 hours for them in the last 12 months.
  • People don’t have to worry about losing their job while they tend to family/themselves.
  • Pregnant mothers cannot be fired for taking time off they need to deliver & recover.
  • You won’t be paid for your time off (unless you use vacation time); it just means you’ll still have a job when you’re ready to return to work.

Suggestions:

  1. Get familiar with FMLA requirements using this government poster
    https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/fmlaen.pdf
  2. Check with your employer’s human resources policies or personnel to see if they have a specific form to fill out the claim FMLA. You can use this example form if they don’t have one. https://dhr.idaho.gov/wp-content/uploads/FMLA-LEAVE-REQUEST-FORM_Interactive.pdf  
  3. Discuss your medical situation with doctor (some take care of FMLA application for you)
  4. Provide the required 30-days notice to your employer to prepare for taking time off.