I recently applied for a compassionate reassignment because my father has been diagnosed with terminal cancer (3-6 months)and no one to take care of him except his 81 year old mother. The request made it as far as my Brigade where the CSM and XO denied it stating
"This situation does not warrant a reassignment as this can be solved by emergency leave."
This is simply not the case and now I need to know how to either re-apply or appeal the decision.
Hi Sapper and ASG: Very sorry about your situation. Military One Source is always a better resource when you call them 24/7 - 1-800-342-9647, rather than cruising around their website searching. The way I understand your situation, you are not requesting emergency leave to be at home and at the bedside of your loved one when they pass away - you are requesting a reassignment because your presence is required to actually perform caregiving. If you were a Department of Army civilian employee, you would be eligible to request Family Member Leave Act leave, if you had been on the job for at least one year. (FMLA Leave) Your chain of command would review your request to be off for caregiving. I had to do this one time in 2006. My Mother had to have major surgery - she is elderly - no one else was capable - I had to take off. I had to submit her medical documentation signed by her surgeon, to my chain of command so I could be off, for like a month. Now, the question is, do military members have a similar leave category to use for caregiving? Would your CoC give you three months off for emergency leave?
Are you trying for a reassignment so you can continue to work and be available for caregiving the 16 hours when you are off work?
Forgive me, but I do not pretend to understand the many inner workings of all the AR's pertaining to military members. The EEOC has a special area of anti-discrimination policy aimed at protecting caregivers. Whether that EO policy applies to military members, I do not know.
Of course, I am not encouraging you to file an EO complaint - I like how you said you would contact Military One Source tonight and start your additional research on the subject of caregiving. They have Master Degreed social workers on staff who specialize in Caregiving issues to help you. You could also go to the EEOC website to look up that section on caregiver discrimination.
Maybe you could call JAG?
This issue really pulls at your heartstrings. You sound like a very kind man. Call MOS! Maybe there are alternatives that would suit your particular situation.
Or, is your Father your dependent with an ID card? Is he in DEERS? If so, you could register him in the EFMP Program - he would be your dependent, and you have to be able to take care of him in his time of need and help with his hospice services.
Also, is your Father receiving Social Security Disability? In a terminal case, they will pay benefits right away. You have my greatest empathy in this difficult time. Let us know if we can help further. People on this board really step up and help all day long, as you have noticed. We'll see who else has insight into this situation, including our Devil's Advocates, who are very helpful too. Take care.