I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.
Well, the ADA actually applies to the employee, not children or family of. It serves to protect individuals with disabilities in the workplace. If a person can perform his or job, despite the disability, this law prohibits employers from discriminating against them or treating them unfairly or improperly.
You might need to deal with the Family Medical Leave Act, but you would need to speak with an employment labor law attorney in your state to see if this law would apply and what its limitations are.
Below are the some exercepts from the freeadvice.com employment law section.
The Family Medical Leave Act - 29 USC & sect; 2601, 2611-2619, 2651-2654
Requires employers to grant employees up to 12 weeks of unpaid leave (within a 12 month period) for a) the birth of a child, b) the adoption of a child, c) a serious health condition that requires a leave of absence, or d) the care of a parent, spouse or child with a serious health condition
Americans with Disabilities Act - 42 USC & sect; 12101-12118
Prohibits discrimination based on physical or mental disability. This law applies to public sector employers, and private sector employers with more than 15 employees. Some states have laws that are more stringent.
*** Note: the ADA interprets "disability" to include Acquired Immune Deficiency Syndrome (AIDS). An employer cannot fire, or refuse to hire, a qualified employee because s/he has AIDS. Testing positive for HIV, the virus that causes AIDS, is generally considered as having a disability as well, so persons who are HIV positive are protected by the ADA.
