Legal Question in Disability Law in California
american with disabilities act
i work with a woman who for the past several years has taken care of a partially disabled non working husband she arrives at work late takes long lunches and leaves early her job description is an 8 hour day but she does not work that. our employer says we have to pick up the slack and do her work to our employer says there is nothing he can do because she is a primary care giver is this legal
1 Answer from Attorneys
Re: american with disabilities act
This is not an issue covered under the Americans with Disabilities Act, but rather the Medical Family Leave Act, which requires employers to allow employees who meet certain criteria, to take time off to care for a seriously ill spouse. It is a matter between the employer and the affected employee, drawn out of compassion for those who need to care for close family members without the risk of losing their jobs. Some employers actually go beyond what the law requires out of the same compassion. There is nothing illegal about that.
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