Working parents with a disabled or seriously ill child have certain rights under ADA and FMLA.
According to the U.S. Department of Health and Human Services, 10.2 million children under age 18 have special health care needs. The parents of these children may face pressure and even discrimination in the workplace as they attempt to make a living and meet the medical and daily care needs of their children. Some employers may attempt to limit the worker's time off or change her company-sponsored health insurance coverage -- both acts are illegal.
Employee Rights
Employed parents of children with disabilities or special medical needs are protected by the Americans with Disabilities (ADA) and the Family and Medical Leave (FMLA) acts. ADA prohibits employers from discriminating, harassing or retaliating against employees because of their association with a person with a disability -- in this case, their child. FLMA requires that employers allow workers to take up to 12 weeks of unpaid leave to care for a family member. ADA applies to employers with 15 or more workers and FMLA to employers with more than 50 workers. However, many states have laws that extend these same rights to employees of small businesses.
Qualifying Conditions
ADA and FMLA use the same definition of disability. A child is considered disabled if he has a physical or mental condition that significantly limits a major life activity. Covered conditions include disabilities, such as autism, Down syndrome and cerebral palsy; conditions that require hospital stays of at least one night; incapacity for more than three consecutive days; chronic medical conditions, such as asthma; and other disorders. ADA and FMLA apply to adult children of employees as well as children under age 18.
Employment Issues
Employers cannot refuse to hire a qualified person or terminate her because she has a child with a disability. Under FLMA, the employer must give her up to 12 weeks of unpaid leave to care for her child with a serious health condition, which is defined as a condition that requires continuing care by a medical professional. The leave may be intermittent, which allows employees to be absent for a day or two, arrive late, leave work early or take time in the middle of the day to take a child to medical appointments. Parents may also work a reduced schedule, such as part-time work or not working overtime, if the child's health care provider certifies that it is medically necessary. FMLA leave may not be denied because of production schedules or workloads. In addition, the employee cannot be transferred to another position without her permission. If she accepts the transfer, it cannot create a hardship and must offer the same pay and benefits as her original position.
Health Insurance Issues
An employer cannot reduce a worker's level of insurance coverage because he has a child with a condition that requires ongoing care. However, in some instances, the employer is allowed to place limits on the number and type of treatments, such as mental health services; but, only if the limits apply to all employees and their families and not just employees with disabled children. If an employer-sponsored health insurance plan includes preexisting condition restrictions or maximum benefits limits, the rules must apply to all employees and their dependents covered by the plan, regardless of their health care needs.
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