Does the ADA protect caregivers?

Does the Americans with Disabilities Act (ADA) cover an individual who is terminated from employment while caring for a spouse who is mentally ill? The company terminating was aware the individual was the caregiver for the mentally ill spouse.

Rita Risser's response:

Yes, but... First, the ADA only applies to companies with 15 or more employees. Another law which also may apply is the Family Medical Leave Act (FMLA), which applies if there are 50 or more employees.

Second, the FMLA allows a maximum of 12 weeks off to care for a disabled spouse. The ADA requires a "reasonable time," which, if the company has less than 50 employees, could be far less time than 12 weeks. In that case, the company can terminated the employee if continuing the leave creates an undue hardship on the company.

Third, even if the leave does not create an undue hardship, the employee can be terminated for an otherwise legitimate reason; for example, a general reduction in force in which the employee's position would have been eliminated no matter what.

If you believe none of these exceptions apply, by all means contact the EEOC.

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