Human Resource Blog

ADA

Can an associate apply for ADA to care for a family member?

No. The Americans with Disabilities Act or ADA does not contain any provision for time off to care for a family member who is disabled. The ADA has a number of provisions, including requiring that public buildings be handicapped accessible.

The portions of the ADA that apply to employment require that an employer make reasonable accommodations for a worker with a disability. There is no requirement that the employer make accommodations for an employee who has a family member with a disability. Suppose employee Marsha is sight impaired. Under ADA, the employer may be responsible for providing special computer software to help Marsha do her job. The employer might also be required to give Marsha time off to go to medical appointments for her eyesight. Now suppose that employee Ted has a disabled son who uses a wheelchair. The employer is not required to give Ted time off under ADA to care for his handicapped son, or to take the son to doctors appointments. Ted is not disabled, so the ADA does not apply to him.

In some cases, an employee may be entitled to up to 12 weeks of unpaid leave under FMLA, the Family and Medical Leave Act, to care for a family member with a serious health condition. Several states also have family leave laws that would permit an employee to take time off.