ADA

chec · April 2007

Does anyone know if an employee is protected under the ADA if the employee has a child with ADHD?

We have an employee who is habitually late for work and claims it is due to the fact that she often has trouble getting her 10-year ADHD child up in the mornings. She makes up her time at the end of the day; however, we need her here at 8 a.m. due to work responsibilities.

marc · April 2007

Even if it is covered, what sort of accomodation can you make? You stated it is not reasonable to allow a later start for this EE.

Myrna Minkoff · April 2007

You may want to consider whether you have an FMLA situation.

Jonathan Mook · April 2007

Even if the child's ADHD may rise to the level of a disability under the ADA, the statute does not require an employer to accommodate a non-disabled employee whose family member has a disability. An employer just may not discriminate (i.e., refuse to hire or terminate) an employee because a family member is disabled.

ADA

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