legal question

[silver]

I'm not planning on suing or anything, but I'm wondering if I have any protections in my situation.

 

More than one of my children has a health issue that falls under the ADA. If they were in school, they would require a 504 plan. It's part of the reason I homeschool, because I know I can protect their health better than the school will.

 

I've been working part-time from home in order to care for my children. My employer recently told me that I have to either return to the office in full-time capacity or I will be out a job once my replacement is hired and trained in.

 

Other children with the same health issues are in school, but from online communities I have read that it's a huge battle for the parents to make sure their kids are treated equitably and are able to remain healthy. Several parents have complained about schools not making accommodations that they are legally required to make. I don't have to worry about any of that because I homeschool and act as a caregiver everyday. 

 

Do I have any employment protections as a caregiver for children who are protected under the ADA? 

[OrganicJen]

I'm not a legal expert but I would think if the employer needs a full time person in a position they used to let you fill just part time, they would be obligated to offer you the full time position first maybe, but if you didn't accept it they would need to hire someone else.

[maize]

No, employee protections would only apply to any disability of your own.

 

I am sorry :(

 

Do you have any other employment options?

Edited October 6, 2017 by maize

[silver]

They did offer me the position full time. But I cannot homeschool/be caretaker and work full time. 

 

I have a master's degree, so I may be able to get an online teaching position in my field. It's what I did before I was hired at my current company.

[TheReader]

does your school district offer homebound, where a teacher comes to the house to educate your child(ren)? It's often an option for medically fragile kids, and maybe something you could at least check on before turning down the full time position? 

 

I'm sorry you're facing this; it sounds pretty rotten. 

[displace]

I doubt you have protections. Employers can hire/fire whomever they want, whether or not their children are affected.

 

If you are wondering about enrolling and getting appropriate services for a student, that's a different ballgame. And likely to lead to needing to take off many hours of work and hire lawyers to get services from the school, ime.

[SKL]

I agree with the others, the circumstances that would require your employer to accommodate your child are pretty limited.

 

Would it be an option to hire someone to be with your kids during the day and do part of the homeschooling work?  Or do you need to physically be there?

[displace]

ETA - the reality is that you are not "required " to homeschool, but you technically choose to (even though there is no other option). There are parents who have to work, who have kids who need services they never get. It's part of our educational system in the US, lack of funding, and testing focus, plus fractured school system. Etc, etc.

 

To change the system we'd need to change laws and sue schools, etc.

[silver]

Thanks, everyone.

 

I'm not interested in putting my children in school right now. It could be something I'd consider in a few years when they are older and would be better at advocating for themselves. Even if I were interested, asking me in October to start full time work is horrible timing. Not only has the school year already begun, but I expect it would take months to get the accommodations set up with the school district (and thus time off to do so). 

[Bootsie]

Even FMLA leave to care for a child is unpaid leave and it is the employee's responsibility to schedule medical treatments in a way that causes the least amount of disruption to the employer's work schedule as possible.  

[TechWife]

Even FMLA leave to care for a child is unpaid leave and it is the employee's responsibility to schedule medical treatments in a way that causes the least amount of disruption to the employer's work schedule as possible.  

 

This is true to an extent, but if the employee needs 30 full, consecutive days off, it is their right to take them. They can even take them without notice in an emergency. Employers can't dictate personal or family illnesses and needs and neither can they terminate an employee for using the legal recourse (FMLA) available to them. 

[Daria]

Are you FMLA eligible?

 

ADA does have some protections for people who have relationships (e.g. parent/child) with people with disabilities. But they are against discrimination not accommodation so they may not help.

[StephanieZ]

Worker protections are very state specific. 

 

I don't think you'd fall under federal protections other than FMLA. If your employer is large enough, google up FMLA details and see if you can use it for your situation.

 

In general, I'd guess that you're not protected from being fired in your situation. 

[silver]

I don't work enough hours to have the required 1250 hours in the past 12 months to be FMLA eligible.