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RobertJDFL
RobertJDFL, Attorney
Category: California Employment Law
Satisfied Customers: 12132
Experience:  Experienced in multiple areas of the law.
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I got a written warning at work many sick days child

Customer Question

I got a written warning at work for too many sick days for my child {mentally disabled}6 episodes,10 days total in a year, I am part time,24hrs a week, 20yr employee,is this legal? I thought employers could not discipline child illness---single mom.
Submitted: 9 months ago.
Category: California Employment Law
Expert:  RobertJDFL replied 9 months ago.

Thank you for using Just Answer. I look forward to assisting you.

The law prohibits an employer from treating you differently than other employees because you have a child with a disability, but it doesn't prohinit them from writing you up or otherwise taking disciplinary action against you.

The Equal Employment Opportunity Commission enforces the ADA disability discrimination laws in the workplace. The ADA covers private employers with 15 or more employees and state and local government employees regardless of the number of employees.

In addition to prohibiting discrimination against people with disabilities, the ADA also protects those who are associated with a person with a disability. Under this “association” provision, an employer may not treat a worker less favorably based on stereotypical assumptions about the worker’s ability to perform job duties satisfactorily while also providing care to a relative or other individual with a disability.

While reasonable accommodations are not available to employees only associated with someone with a disability, the employer is prohibited from discriminating against that person. For example, the ADA would not require an employer to modify its leave policy for an employee who needs time off to care for a child with a disability. However, an employer must avoid treating an employee differently than other employees because of his or her association with a person with a disability.

To report a possible violation, you must contact the EEOC immediately.

Unfortunately, your employer does not have the requisite minimum number of employees for FMLA (even if you met all other requirements) so your missed works days are not covered under that, either. Bot***** *****ne - the employer can't single you out differently from other employees, but they can take disciplinary action for missing too much work, being late, etc.

Expert:  RobertJDFL replied 9 months ago.

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