A friend has an 11 year old daughter recently diagnosed with Epilepsy and the child cannot be left alone. The Mom has asked her employer to allow her to work hours to ensure that she can pick up her daughter from school for the safety and well-being of the child. The Mom wants to work straight through the day – 8 hours and leave in time to pick up her daughter (which amounts to 30 minutes ) and the employer has refused to accommodate her. She has written directions from the physician on the child’s needs. Is this legal?
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ANSWER:
The Americans with Disabilities Act (ADA) itself does not directly protect caregivers. However, there are several other legal protections that may apply to this situation:
1. Association Provision of the ADA: While not providing direct protection for caregivers, this provision prohibits discrimination against workers because of their relationship with a disabled person.
2. Family Medical Leave Act (FMLA): If the employer has 50+ employees and the employee has worked there for at least 12 months (and 1,250 hours), she may be eligible for FMLA leave, which can be taken intermittently.
3. State Laws: Some states have additional protections for caregivers or family responsibilities discrimination laws.
In this specific case, the mother could:
– Request a reasonable accommodation under state law (if applicable)
– File for intermittent FMLA if eligible
– Check if her state has specific caregiver protection laws
– Consult with the Equal Employment Opportunity Commission (EEOC)
– Speak with an employment lawyer about her specific situation
It’s worth noting that recent court decisions have increasingly recognized the rights of caregivers, particularly when caring for disabled family members. The legality of the employer’s actions would depend on:
– Size of the employer
– State laws
– Employee’s eligibility for FMLA
– Whether the requested accommodation would cause undue hardship to the employer
Given the complexity of this situation, it would be advisable for your friend to consult with an employment lawyer who can review all details of her specific case.
Hope this will satisfy your inquiry.
Richard Lee Garcia, RN