Know the FMLA, ADA rules when employee asks for time off to care for disabled relative

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in Employment Law,FMLA Guidelines,Human Resources

Employees who need to take care of a disabled relative may be eligible for FMLA leave if the disability qualifies as a serious health condition under the FMLA. But that’s only true if the employee has worked enough hours to actually be eligible for FMLA leave. Employees who don’t have FMLA leave available can’t demand time off.

Likewise, employees sometimes think their employers must provide them with reasonable accommodations so they can care for a disabled relative under the ADA’s so-called association clause. That’s simply not true.

The association clause prohibits discrimination against employees or applicants because they have a disabled relative, based strictly on the relative’s disability or the belief that the employee will have to take time off to care for the relative. Thus, it is illegal to refuse to hire an applicant with a disabled relative because of increased insurance or medical costs or based on the ...(register to read more)

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