Two federal laws come into play in this situation: the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA).

ADA. Even though Mary Jane is not herself disabled, the ADA protects people who associate with individuals with disabilities. Thus, her son’s disability can not be the basis for treating Mary Jane any differently than any other employee. For example, if other employees are allowed to occasionally leave work early when they have lost their daycare, Mary Jane should be extended the same privilege. It would be wrong to discipline Mary Jane prematurely based on the assumption that it will take her longer to find a qualified daycare provider. However, the ADA does not require an employer to provide reasonable accommodation for a person who associates with an individual with a disability. The ADA would not require an employer to modify its leave policy for an employee who needs time off to care for a child with a disability; the law only requires that the leave policy be enforced in a uniform manner.

FMLA. The FMLA grants an eligible employee a right to 12 weeks of job-protected, unpaid leave from work to care for a child with a serious health condition. Not all ADA disabilities are FMLA serious health conditions, and not all FMLA serious health conditions are ADA disabilities. Under the ADA, a disability is an impairment that substantially limits one or more major life activities. Under the FMLA, a serious health condition is an illness, injury, impairment, or physical or mental condition that involves either inpatient care or continuing treatment by a health care provider.

Employees are eligible for FMLA leave if: (1) they have worked for an employer that employs 50 or more workers within 75 miles of the employee’s worksite, (2) they have worked for that employer for at least 12 months before the start of the leave, and (3) they have worked at least 1,250 hours during that time. If the employee has already taken FMLA leave, the employee must have leave time remaining.

When medically necessary, FMLA leave can be taken intermittently (a little at a time) or on a reduced schedule.

Consider state laws. State laws may grant greater rights. Before taking adverse action, Mary Jane’s employer should consult applicable state laws.