At Tuckner, Sipser, Weinstock & Sipser, LLP, we understand the pivotal role workplace accommodations play in supporting caregivers, particularly those with children facing disabilities. We are deeply committed to advocating for caregivers’ rights and providing guidance and support as you navigate the complexities of employment law.
Recently, firm co-founding attorney Jack Tuckner’s dedication to advocating for caregivers’ rights was spotlighted in Rare Parenting, highlighting his ongoing efforts to ensure fair treatment and accommodations in the workplace. In the article, Jack discussed the challenges faced by caregivers, particularly parents of children with disabilities, in navigating workplace accommodations. He highlighted the existing legal framework, including the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA), which provide some protections for caregivers. However, he noted that these protections are often inadequate, with employers sometimes pushing back against accommodation requests or discriminating against caregivers.
Tuckner emphasized the importance of effective communication and documentation when requesting accommodations from employers. Further, he advised caregivers to advocate for their rights, seek legal assistance if necessary, and explore options for finding family-friendly employers who prioritize work-life balance.
As caregivers, knowing your rights and advocating for workplace accommodations that support your caregiving responsibilities is essential. If you encounter resistance from your employer or face discrimination, don’t hesitate to reach out to us to schedule a free first consultation with our knowledgeable support staff. Together, we can work towards creating inclusive workplaces that support caregivers and ensure fair treatment for all.
Call our office today at 212.766.9100 to schedule a consultation.
Do Caregivers Have Workplace Protections Under Federal Law?
Yes, caregivers do have certain workplace protections under federal law, albeit they are not explicitly designated as such. The Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) offer vital safeguards, but navigating these laws effectively is key.
The FMLA grants eligible employees up to 12 weeks of unpaid, job-protected leave, allowing caregivers to attend to their loved ones’ needs. However, securing accommodations for intermittent leave, such as attending medical appointments or educational meetings, can pose challenges.
Similarly, while the ADA prohibits disability discrimination, it may not explicitly address caregivers’ needs. Nonetheless, it safeguards against associational disability discrimination, ensuring that caregivers are not unfairly penalized for their family members’ disabilities.
Also, over 200 states, counties, and municipalities have laws that prohibit employers from discriminating against employees because they provide care to family members.
For one example, the New York City Human Rights Law (NYCHRL) provides direct caregiver status protection, and it’s one of the more progressive anti-discrimination statutes in the US, explicitly including “caregivers” as a protected class. This means that employers in New York City are prohibited from discriminating against employees based on their status as caregivers. This includes parents who are caring for a covered relative with a disability, although the problem even with this law is that it does not require employers to reasonably accommodates caregiver parents, it just prevents differential treatment because one has children or because one cares for a relative who is sick or has disabilities.
While not solely focused on caregivers, New York City’s “Right to Request” law allows employees to request changes to their work terms and conditions, including hours, location, and work schedule, without fear of retaliation. This law can benefit caregivers by providing a mechanism to request more flexible working conditions to manage caregiving duties.
How Can the Experienced Caregiver Rights Attorneys at TSWS Help?
Effective communication and advocacy are paramount when seeking workplace accommodations. At TSWS, we encourage open dialogue with employers, emphasizing the mutual benefits of accommodations and documenting all communication to ensure a clear record of requests and responses.
In instances where negotiations stall or employers resist accommodation requests, our firm stands ready to provide tenacious legal guidance and representation. We understand the importance of asserting your rights and will work tirelessly to secure the accommodations you need to thrive in the workplace.
How Much Does It Cost to Hire an Experienced New York Caregiver Rights Lawyer?
At Tuckner, Sipser, Weinstock & Sipser, LLP, we often represent individuals on a contingency fee basis, especially if they are terminated for discriminatory reasons. This means that clients who were fired for illegal reasons only pay legal fees if we successfully recover compensation on their behalf. We understand that legal proceedings can be daunting, especially for those facing workplace discrimination or other challenges. Our contingency fee arrangement ensures that our clients have access to experienced legal representation without any upfront financial burden, allowing them to focus on pursuing justice for their cases.
Schedule A Free Consultation With An NYC Caregiver Rights Law Firm
Navigating workplace accommodations as a caregiver requires diligence, advocacy, and knowledge of your rights. At TSWS, we are here to support you every step of the way, advocating for fair treatment and ensuring that caregivers are empowered to succeed in the workplace. Call our office today to schedule a free consultation to learn more about your legal rights and options.