Legal Question in Disability Law in Pennsylvania

Employment Discrimination

My daughter has Autism & requires up to 5 doctor's appt a year (during work hours). My boss recently told me that I need to find another doctor for her (she's been seeing him for three years) that has ''outside of work hours'' or ''you will need to go back to a part time status.'' I went full time in January after being part time for two years. The company has less than 50 employees so FMLA is not an option. Before making appts I check with my director as to what time/day is best. The only exceptions have been a speech eval that took several weeks to get (my director was made aware of the appt as soon as it was made - giving her at least 5 weeks notice) & a psych eval that was scheduled at a time/date comfirmed by my director but was found out that the doctor was on vacation that week (he failed to mention that to the scheduling dept) I did discuss the new appt with my director in early June (providing 4 weeks notice - the company requires 2)

Can my boss do this? I spoke to someone at the ADA info line & they say no she can't. My director feels bad (she knows how hard I try) but her hands are tied.

I admit taking a day off to attend a school function & a court date (her dad won't pay support) but both of those days were approved!


Asked on 6/28/08, 3:14 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Employment Discrimination

You asked about coordinating your work with your daughter's disability demands.

Good news and bads news. The good news is that the ADA probably does cover you when caring for your child's welfare. Moreover there are various other laws and policies that will help depending on the type of business. If there are any state or federal government contracts then there are some laws and regs that may help. Likewise if the business has any such subcontracts.

Bad news is that often small employers either can't afford to care or (less often) don't care.

The real trick here is to work with your employer to find a solution that will work for both of you.

The other option is just to stand your ground and wait for the eventual adverse action. When that happens find a lawyer, such as myself, who has knowledge and experience in compliance and disability law and fight the good fight.

Remember that employees usually have a very limited period of time within which to file a complaint when they are the affected by an adverse action at work.

Regards,

Roger

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Answered on 6/28/08, 9:30 pm


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