Legal Question in Disability Law in Arkansas

ADA Reasonable Accomidations

I am actually in HR but I've got a situation that I can't seem to find a solid answer on. I would be protected under the ADA based on my daughter (16 mths. old) being considered disabled. My problem is that while we have determined that her disability is probably a Syndrome or Neurological disorder, we are still undergoing testing to determine what exactly is causing her disability. Recently, my employer has been unwilling to work with the appts. that have been scheduled for her by the hospital (it is a speciality hospital) and are sometimes scheduled 3 mths. in advance. She has requested that I reschedule several of her appts. - which could then be another 3 mths. before another one can be scheduled & I'm not really willing to do. My question is whether or not I would be protected under the ADA to be provided reasonable accomidations by allowing the ''leave'' because it is a minor child OR because it is NOT myself with the disability, does the reasonable accomidation not apply and allow them to terminate me if I'm unwillin to reschedule the appointments or not able to get them during the time frames that they are allowing - which are after 2:00 and the 2 other members of our staff of 3 including myself MUST be in the office

Asked on 5/23/07, 3:48 pm

2 Answers from Attorneys

Regina Mullen Legal Data Services, PLC

Re: ADA Reasonable Accomidations

It's kinda hard to see what right an employer has in this case, when they have 3 months notice of an appointment and it's with a specialist.

Contact local counsel and get some support on the ground.

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Answered on 5/24/07, 2:16 pm
Alan Crone Crone & McEvoy, PLC

Re: ADA Reasonable Accomidations

You may have more protection classifying this as intermittent FMLA leave. If you qualify for FMLA leave they really have no choice but to give it to you and any adverse employment action would be retaliation. As an HR professional you know that each situation is different,so I would urge you to seek specific legal advice about your situation.

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Answered on 5/23/07, 4:23 pm

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