Bi-polar child

KP68 · August 2004

I had read somewhere (don't ask where!) that employees can be covered under the ADA if it is a family member that has a disability, creating the need for work accommodation for the employee. For example, employee w/child that has bi-polar condition, is frequently late due to 'episodes' that the daughter has and she needs her mother's care.

Does this sound familiar to anyone? She isn't eligible for FMLA, and I'm trying to find an option to help her, since she's been written up for tardiness and is close to being terminated, but has now told us that her daughter has this condition.

Don D · August 2004

Not under federal law. ADA does not apply 'by extension' except in the rare case where you consider a person to be disabled by virtue of their association with another or you discriminate against an employee because of the existence of a disability of another.

awilliams · August 2004

I am not aware of the ADA covering anyone other than the employee. The FMLA might apply if 1) she meets the requirements, which you state she doesn't, AND 2) the child is under the age of 18 or is unable to live on her own. What part of the FMLA requirements does she not meet? If it is just a matter of time until she becomes eligible, you might consider granting her unpaid leave until she qualifies for FMLA. Keep in mind, though, that if you make special arrangements for her you will ahve to do that for everyone down the line or risk discrimination charges.

Anne Williams
Attorney Editor
M. Lee Smith Publishers, LLC

KP68 · August 2004

....the employee has not been here 12 months yet. I think I might look to see if we can do a schedule change, but due to the nature of the business she is in, that could cause a disruption. We have not granted 'early' FMLA in the past, and I'm very hesitant to make that exception here, because as you said, we'd be setting quite a precedent for future (and past) cases. This is an unfortunate situation, but she also stated that she has fibromyalgia, so in the meantime, I'm going to pursue ADA accommodations for her, but I"m sure the doctor will somehow work his magic and tie-in her daugher's condition in his analysis, to state that she needs to come in later. But, again - I do not know that we can do this because of the nature of her job - it's a very 'scheduled shift' that she works.

Kathie0554 · August 2004

"The ADA's protection applies primarily, but not exclusively, to "disabled" individuals. An individual is "disabled" if he or she meets at least any one of the following tests:

1. He or she has a physical or mental impairment that substantially limits one or more of his/her major life activities;
2. He or she has a record of such an impairment; or
3. He or she is regarded as having such an impairment.

Other individuals who are protected in certain circumstances include 1) those, such as parents, who have an association with an individual known to have a disability, and 2) those who are coerced or subjected to retaliation for assisting people with disabilities in asserting their rights under the ADA."

[url]http://www.jan.wvu.edu/links/adasummary.htm[/url]

Don D · August 2004

>Other individuals who are protected in certain
>circumstances include 1) those, such as parents,
>who have an association with an individual known
>to have a disability, and 2) those who are
>coerced or subjected to retaliation for
>assisting people with disabilities in asserting
>their rights under the ADA."
>
Let's not be confused by the last paragraph of your post. Merely having an association (such as a parent) with someone with a disability does not and will not extend ADA protections to the employee having that association. What the law says is that it is illegal for an employer to deny employment opportunities or benefits because of a relationship with a disabled person. The specific example most often cited is an employer's treatment of an employee or applicant based on the employer's assumption that the employee or applicant might miss work frequently to care for a friend/partner who has AIDS, for example; or, the unfounded fear that the associated person may develop AIDS him/herself because of the association. And it would be unlawful to refuse to hire an applicant because the applicant has a child at home with a disability.

There is no ADA protection rolling down to the parent in the circumstance cited in the original question.

Bi-polar child

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