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?
2007-08-17 00:12:14 · 3 answers · asked by gem1lady 2 in Politics & Government ➔ Law & Ethics
It's not the ADA that will help this mother.
How many employees does this employer have within a 75 mile radius from where the mother works? How long has the mother worked for the employer? How many hours did she work in the past 12 months? If the employer has at least 50 employees in a 75 mile radius, and she has been with the employer more than one year, and has worked more than 1,250 hours in the last 12 months, she is eligible to use the Family Medical Leave Act (FMLA) to be away from work for 12 weeks to care for a dependent. That times does not have to be used consecutively, and can be used on a daily basis, if needed.
She could take 30 minutes per day of FMLA time to care for the child, as long as she does not use more than hours than she would normally work in 12 weeks. She won't get paid for this time unless she has comp time, sick leave, or vacation time that can be used while she is out.
Employees who have been employed by the state for at least Active work status is defined as "the conditions under which an employee is actually in a work status and is eligible to receive pay but does not include vacation pay, sick leave, bereavement leave, compensatory time, holidays, personal leave, and disability leave.
If she hasn't been there for 12 months, or hasn't worked at least 1,250 hours in the past 12 months, FMLA won't apply, and she's out of luck.
Good luck to your friend.
2007-08-17 07:59:49 · answer #1 · answered by Mama Pastafarian 7 · 0⤊ 1⤋
No, caretakers are not protected under ADA. Her employer is under no obligation to accommodate her request and most companies have a policy where a person must take at least a 30 min lunch.
Has your friend asked about going part-time where she works? The employer may be more open to that idea. If not, you friend may be able to apply to FMLA (unpaid family leave) while she looks for another job or find a qualified daycare provider to pick the child up and care for her until she is off work. Some schools have after-care programs and most are staffed by college students going to school for teaching and are certified in first aid.
2007-08-17 02:52:01 · answer #2 · answered by bottleblondemama 7 · 1⤊ 0⤋
the child has a disability not mom... sorry, mom is not protected
2007-08-17 00:24:38 · answer #3 · answered by sam 4 · 2⤊ 1⤋