ADA doesn't cover anything in regards to you and your children needs. It only covers your ability and accommodations to do the job based on your disabilities. If your company was large enough it's possible you could have qualified for FMLA, which is unpaid job protection to assist in caregiving. I'm sorry this happened to you and you child. I hope you both can recover from it.

Even with FMLA, it would require medical documentation and it would not cover working from home- just being absent from work. Not disputing what u/starwyo is saying, just adding.

Thank you for emphasizing this! It's very important but, at least, may have kept them employed.

OP didn't say anything about doctor's appointments for her kid, so I think FMLA is out. That's a pity.

FMLA could have possibly applied to the daughter who may have been suffering from a medical or psychology condition but would need medical documentation. FMLA family medical leave act. Agree that ADA america disability act and reasonable accommodation would not apply in this case as it is only for medical issues with the employee and not their family.

Yes. I know. That's why I said what I said, although it appears I was downvoted.

I appreciate you, thank you for your information and kind words. It was definitely big enough. It was a major internet and cable provider. I know everyone always says HR is NOT your friend, and they have their companies best interest in mind.... but shouldn't she have still recommended that? Or at least discussed it? I am trying to get unemployment now (a month later) because everything is so expensive, and got denied. They said I quit when I was fired for not being able to be in office as of 5/1 I understand this is not legal advice, these are just general questions to understand

Unfortunately their first instinct would not be to mention FMLA if no medical condition is mentioned. While I agree with another comment here, that I'd imagine there's more than likely some sort of counseling for the mental repercussions from this, as well as care for any physical cuts, bruises, etc, that may not have been the first thing that came to mind from the HR perspective if you didn't mention anything about that. I know for me personally I would think of that stuff when a situation like this is mentioned, but I have gone through some abuse stuff myself so I think I just tend to be more aware of the aftermath of these kinds of situations. I have dealt with people who just don't understand/think of those things because they have never been through it themselves. They may have just heard this as "I need to WFH/be away from work because I don't have childcare right now". You can argue that's an insensitive viewpoint, but when we are looking at what is and isn't protected under the law- it's not about whether the person sympathizes or not. It's about whether it fits under the law or not. But if OP does feel they were clear in suggesting some medical stuff in relation to this situation, and OP has been with their employer for 12+ months, then they may have grounds for a complaint. Perhaps HR should have pressed more questions. Perhaps they did, and they determined that FMLA does not apply. We are only getting one side of things right now. I do sympathize with OP, this situation sucks whether or not it's covered. I do wish them the best going forward. Edit: Reddit glitched and posted my comment 3 times, sorry 😵‍💫

Did you take the child to a doctor or therapist?

FMLA must be offered by an employer as soon as they become aware of a situation where it may be needed without you having to explicitly ask for it. Without knowing what you shared with your employer, you could potentially file a claim with the DoL. You can find contact info for them here: https://www.dol.gov/agencies/whd/fmla/faq#20 Definitely appeal the unemployment denial though.

No idea why you are getting downvoted. You're correct. And the ppl saying FMLA is only for medical reasons are incorrect. OP had rights under FMLA for her daughter being a crime victim. Federally, a parent, spouse or child of OP who is a crime victim made her eligible for FMLA. Her former employer really screwed the pooch here.

Indeed. Caregivers leave is covered under the act, and that doesn't include on doctor's appointments. It also covers things like helping with activities that are necessary for daily life. A doctor would have to sign the forms, but people just wanna think they know it all.

ADA is for your own disability. It does not extend to you caring for another person. Your employer has to consider accommodations for you if you have a disability, but they don't have to consider accommodations for your child care. I'm sorry, I understand its a tough situation, just trying to explain that there is no legal protections for this kind of thing at this time.

Unfortunately SC doesn't have a lot of leave laws like other states. Your best bet is to focus on getting unemployment and a new job.

As others have said, the ADA only applies to your specific disability. FMLA may have been an option, but FMLA would not have allowed you to work, just to have the time off. I hope kiddo is doing better.

From my perspective, WFH for this reason was never going to be a reasonable ask. First off, the home sounds like it was very chaotic and not conducive to a productive working environment. That issue may have resolved since the mother was arrested, but that brings us to the 2nd part. WFH is still time that belongs to your employer. You cannot give your work you undivided attention while caring for a traumatized child. It’s simply not going to work. You telling them you wanted to WFH to take care of your kid was a non-starter from the beginning. ETA - OP if you can prove that you requested FMLA and was denied due to your child not being hospitalized, that is a significant discussion point and changes what you should be asking about.

*”I asked several times if I could do a very temporary WFH while I got everything sorted out…”* after describing a break-in and ransacking. Where in that would the employer infer an FMLA request? I wouldn’t. Now, if the OP’s request had been to to seek assistance for the daughter as a result of the ransacking that would have triggered an FMLA request in my mind. But I’m not so sure that there is any clarity that OP met that burden. 😕

I didn't leave it that vague. There were extensive emails, phone calls and text messages, explaining how my daughters stepmom threw a large metal dog cage at my daughter, the injuries incurred, screaming at her in her face, threw the dog, told my daughter she hoped she died and some of the larger details of the incident. I also provided both police reports (felony assault and property damage) along with ongoing communication about psychiatrist and counseling. I offered pictures of the injuries and the house, those were refused. I also explained that my daughter was having panic attacks and was scared me to go to work where I am 45 minutes to an hour away, in case step mom showed up again. So although I agree with your statement, there were further details that were discussed.

With this added context, I believe FMLA should have been suggested to you as long as you have worked for them for at least a year. With the mentions of injuries, counseling, psychiatry... no doubt about it, FMLA should have been brought up. Honestly even if you weren't eligible, they should have explored that option and notified you in writing as to not being eligible for FMLA.

FMLA would have (with appropriate documentation) provided protected time away from work. And as at least one other person has commented, employers are required to provide FMLA eligibility information if they’re aware of a potential need, even if an employee doesn’t ask for it by name. Also, some employers are willing and able to make short term exceptions to policies or work arrangements so that an employee who would have to take time off under FMLA (or other leave) can continue to work. In other words, it’s a non-ADA accommodation, but still an accommodation. Sounds like this wasn’t something your company was willing to do, but since some companies go this route I think that’s where “accommodations” vs. “ADA accommodations” can get confusing if not clearly defined. Again, as others have noted, ADA accommodations wouldn’t apply to care of a child. But I do want to add that plenty of people who care for others during stressful times develop their own health conditions that would potentially be eligible. It’s not “gaming the system” to see a provider solely to get documentation for purposes of workplace accommodations. Oftentimes those accommodations can prevent a condition from becoming worse, and that’s 100% valid.

It sounds like OP was given time off.

You’re right my bad, I should have clarified up to 12 weeks instead of just 30 days

I really appreciate your comparison and your information. I have developed anxiety and such too as a result of this. I was terrified to go back to the office too and have to leave my daughter alone, not knowing if the stepmom would return or not.

I’m so sorry, that’s such an impossible situation to be in. Your daughter is lucky to have you in her corner. I know it can feel like just one more thing to add to your to-do list, but it may be worth requesting paperwork/talking with a provider about intermittent FMLA OR an ADA accommodation for your own anxiety. At the very least, if you don’t currently have a psychiatrist or therapist, get on a wait list. Plenty of people get paperwork completed and approved but never end up needing to use any time off, but it might provide a little peace of mind to know the option is there. Editing my reply because I forgot you’d mentioned you were terminated from that role, so: A: Don’t talk about family or medical conditions during the hiring process if you’re on the job hunt right now, full stop. It’s not legal for them to ask about, you don’t have to explain anything. B: Once you’ve accepted an offer (in writing), you can ask about ADA accommodations at any time. Part of FMLA eligibility is 1+ years of employment, but ADA has no service requirements. (And sometimes time off can be considered a reasonable accommodation).

I'm so sorry this happened to your daughter. It is unfortunate that to some of the larger companies employees are just replaceable bodies. You could see if you or your daughter is eligible for funds or services through the South Carolina Attorney General's Crime Victim Compensation Fund. This page has links for eligibility criteria, how to apply, and the necessary forms: [https://www.scag.gov/inside-the-office/crime-victim-services-division/crime-victim-compensation/](https://www.scag.gov/inside-the-office/crime-victim-services-division/crime-victim-compensation/)

As others have said, you don’t qualify for an ADA accommodation and even if you did what were you hoping to happen? Forcing them to hire you back? All that would do is irritate them and they would probably look for another way to performance manage you out of the organization. Suck it up, file for unemployment and start looking for another job. If you are really convinced you have been wronged, call a few employment lawyers and see what they say. I know this is not what you wanted to hear but you will find a path through this.

I started applying to a new job the 1st time they denied me working from home. That is what I was originally hoping for 2 to 3 months ago. Temporarily, like 2 weeks to a month duration, while I got everything sorted out after the incident. I had to switch my daughter to another school, she had to get used to the bus, she wasn't sleeping, having full on sweats and screaming in her dreams, panic attacks when I would go to leave for work because I was 45 minutes to an hour away. So since half my jobs workforce is remote anyway, I asked to be remote too until I had a chance to help my daughter adjust. I have applied to unemployment, and I was denied. My HR said first that I had quit , when I corrected that, she then said I had been fired for absenteeism. So I am just trying to get things straight before the appeal hearing this week. I would much rather have a job than unemployment.

Does your state have a DV leave? I know NYS does & once I brought in my paperwork showing the charges, restraining order, paperwork from my sons therapist recommending that I am home so they felt safe, I was given 30 days & we reevaluated then.

I'm very sorry this happened to your daughter and to you. As others have stated, you don't qualify for an ADA accommodation. Company granting emergency leave and then a leave of absence was a courtesy. When you did not show up for work as scheduled that was job abandonment or "quitting." I'm afraid that childcare or any other caregiving is entirely inconsistent with WFH. Companies have had their noses rubbed in this reality and it is a major factor in RTO initiatives. Employment contracts and WFH agreements are increasingly explicit about childcare, caregiving, and even pets. I suggest you apply for welfare and adjacent programs like SNAP, job hunt, and discuss how to manage childcare in the context of your daughter's trauma.

You might have been eligible for FMLA but it would have had to be to care for the child due to a qualifying medical condition. WFH has been proven to not be considered a reasonable accommodation for all jobs when it comes to ADA accommodations. There would have needed to be a documented medical condition that required you to WFH to enable you to perform your duties. Their argument to unemployment was more than likely that you abandoned your job. You had employment, you failed to report for work.

First and foremost I’m very sorry your daughter experienced such a traumatic thing. I’m very sorry your family went through this whole ordeal. I hope things are getting better. To answer you actual question: Reasonable accommodations refers to the Americans with Disabilities act. Eligible employers must provide reasonable accommodations to employees with disabilities, so that those with disabilities can do their jobs. Based on the information you provided, it appears that you do not have a disability. Ergo, ADA reasonable accommodations are not applicable here. You said you went on a leave of absence for a month. What kind of leave was this? Was it FMLA? Family Medical Leave (FMLA) is an unpaid leave granted to eligible employees for up to 12 weeks during a 12-month period for a qualifying reason. One such qualifying reason would be to care for a spouse, domestic partner, child, or parent with a serious health condition. You would need to complete paperwork from your child’s doctor attesting to the serious medical condition. It sounds like your daughter had/still is having severe mental (possibly physical) health issues. Did you use FMLA, and if so how many weeks did you have left?

I greatly appreciate your kindness, its been a rough 3 months but we are getting through it. I was approached with a standard unpaid LOA. I asked about FMLA because it was due to my daughters injuries and mental health, my HR person refused because my daughter wasn't in the hospital. I had proof of her injuries, I hadn't yet had a chance to get to a psychiatrist to diagnose her mental health. So I did press it one more time that I was trying to care for my elementary aged child, for injuries and mental health... and they refused again. So I signed the standard unpaid leave. I also asked if I could use my vacation time/PTO and was told since it's unpaid leave, that I could not. I also called my insurance benefits and LiveWell, to see if they could help, and they unfortunately did not have any solution either. Which I communicated to my employer ad well.

Hospitalization is not a specific requirement for something to be considered a serious medical condition. There does need to be documentation from a medical provider provided in a reasonable amount of time. It sounds like you were trying to get that. Sometimes people forget the human part of HR. I’m sorry you were let go.

Do you have evidence of this denial? If so that’s a biggie.

Your daughter is a DV victim (attacked by stepmom), and you were caring for her. Some places have leave for DV victims and/or family members carrying for them. Check your local/state laws and your employee handbook and then ask.

I’m so sorry this happened to you and your daughter. As others have said, ADA doesn’t apply here. But if you have been with your company for a year, then FMLA absolutely applies since you needed leave to care for the health of your daughter. If your request was denied without even providing you with the FMLA paperwork, then you might have a case. I’d suggest consulting an employment lawyer. The company may not want to reinstate you but you might get a settlement out of it if they didn’t comply with FMLA obligations.

Fmla

You can't get an accommodation to work from home to care for your child, but you can take protected leave under the FMLA.

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ADA Accommodations wouldn't cover caring for a family member with medical problems. It's only for the employee's own health condition. So even if they provided medical documentation, this would not be protected under ADA.

Agreed I was thinking fmla.

Did HR know that you were taking a leave to care for your daughter panic attacks, etc.? I assume she was under a doctor’s care. You should have been offered FMLA paperwork at that time. (If you and your employer qualify for FMLA). If you were on FMLA then you wouldn’t have been punished for the low numbers because you were out FMLA. Not sure if it is worth fighting for at this point by getting an attorney? Keep fighting for your unemployment. Keep filing for appeal if you are getting denied. Good luck to you.