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Robinson & Clapham - Employment Law Attorney
Providence: (401) 400-3841
Wakefield: (401) 594-4365

Your rights as an employee and special needs parent

Being the parent of a child with special needs comes with a lot of responsibility. Not only do parents need to know how to properly care for their children, but they might not be able to leave their job to care for their children full-time. If parents still need to work, they should also know their rights as the caregiver of a child with special needs.

It is an unfortunate reality that many employers do not understand the time it takes to care for a child with special needs and work full-time outside the home. Because of this, many employees who are parents of special needs children might encounter discrimination or unfair practices in the workplace.

Workers who are associated with people who have special needs are not allowed to be discriminated against by their employer, according to the Americans with Disabilities Act (ADA). The law protects people from not being hired due to having a child with special needs or denying that employee from health coverage provided by the company.

The Family and Medical Leave Act (FMLA) provides employees with the opportunity to take 12 weeks off from work, without pay, and without losing their job. Employers are required to hold the jobs of employees who use FMLA leave to care for a child with special needs.

In order for the employee to use the FMLA leave policy, he or she must have an adult child who suffers from an ADA-defined disability. The ADA defines a disability as a mental or physical condition that prevents the person from performing a crucial aspect of daily life. The child must also have difficulty caring for themselves.

Do you have a child with special needs? Do you believe you have been discriminated at work because of this? Contact our firm to speak with an attorney about your situation and how you can protect your rights in Rhode Island.

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Providence Office
123 Dyer Street, Suite 135
Providence, RI 02903

Phone: 401-400-3841
Fax: 401-331-7888
Providence Law Office Map

Wakefield Office
24 Salt Pond Road, Suite A #8
Wakefield, RI 02879

Phone: 401-594-4365
Fax: 401-783-3670
Wakefield Law Office Map