Legal Question in Disability Law in New York

disabled child

I have a child with severe autism and I had taken 22 days last year and 8 days this year off from my job as a teaching assistant. Now they want to terminate my job. Is there any thing I can do.

Thank you


Asked on 6/13/08, 2:46 pm

2 Answers from Attorneys

Locksley Wade Law Office of Locksley O. Wade

Re: disabled child

Make sure that you have complied all correspondence to your supervisors and above regrading your situation. Make notes to a journal of all past and present events. All this is necessary should you decide to file suit. You may want to see an attorney because you make have a claim under the ADA (a derivate clam based on your child's condition ) and perhaps a claim under the FMLA if you have not already exhausted your allowable time given to care for a six family member or if they have refused to give you FMLA time.

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Answered on 6/15/08, 8:15 am
Jonathan Nirenberg Rabner Baumgart Ben-Asher & Nirenberg, P.C.

Re: disabled child

If you are covered by the FMLA, you would probably have a claim if you are fired because you took time off to care for your child with autism. There are many requirements for an employee to be protected by the FMLA, including having worked for the employer for at least 12 months, having worked for at least you worked 1250 hours during the previous 12 months, and having worked for a large enough employer.

If you believe you are protected by the FMLA, and want additional information, please feel free to contact me directly.

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Answered on 6/13/08, 4:03 pm


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