Amanda Is A 40-Year-Old Asian Female With A Law Career
Amanda is a 40 Year Old Asian Female She Has Been With a Law Firm for
Amanda, a 40-year-old Asian female, has been employed as a receptionist at a law firm for five years. Her company employs 120 staff members. Recently, Amanda has experienced increased absenteeism due to her responsibility of caring for her mother, who is battling Stage V cancer. Her absences are often last-minute, as she is unsure of her mother's condition until she wakes up each morning. Despite her dedication, Amanda has faced multiple reprimands and warnings from her employer, indicating potential termination if her attendance issues persist. She heavily relies on her job to support her mother's household expenses and fears that losing her employment could also mean losing health benefits, especially now that she is two months pregnant.
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Amanda’s situation raises complex legal considerations related to employment rights, discrimination protections, and her health benefits. She currently faces disciplinary warnings due to her absenteeism, which appears to be linked to her caregiving responsibilities. Legally, her primary avenues for recourse involve understanding her rights under federal laws such as the Family and Medical Leave Act (FMLA) of 1993, the Americans with Disabilities Act (ADA) of 1990, and protections under the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985. These statutes provide a framework that may support her efforts to maintain employment and health insurance coverage amidst her personal challenges.
The FMLA is particularly relevant to Amanda's case. Enacted in 1993, this law mandates eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons, including caring for a family member with a serious health condition. As Amanda has been caring for her mother with Stage V cancer, she may qualify for FMLA leave, provided she has worked for her employer for at least 12 months and completed 1,250 hours of service during the previous year. If eligible, Amanda can formally request leave under FMLA to attend to her mother’s medical needs without fear of losing her job. Her employer is legally obligated to provide this protected leave, and retaliation or termination for taking FMLA leave constitutes a violation of federal law.
Furthermore, the Americans with Disabilities Act (ADA), enacted in 1990, prohibits employment discrimination against individuals with disabilities, which can include certain illnesses or health conditions depending on their severity and impact on daily functioning. Although cancer is generally considered a qualifying condition under the ADA, the law also offers protections for employees who need accommodations due to illness or caregiving responsibilities. If Amanda’s absences are perceived as stemming from her health or her caregiving role, she could be protected under the ADA, which requires employers to provide reasonable accommodations unless doing so would cause undue hardship. These accommodations could include flexible scheduling or remote work options, which might reduce her absenteeism while allowing her to fulfill her caregiving duties.
In the unfortunate event that Amanda faces termination, she should be aware of her rights under COBRA. Enacted in 1985, COBRA provides eligible employees and their dependents, including pregnant women, the option to continue group health insurance coverage after employment ends, typically for up to 18 months. If Amanda's employment is terminated, she can elect to maintain her health benefits through COBRA, thus preventing an immediate loss of coverage. However, she must pay the full premiums, which can be costly. Knowing her rights under COBRA would allow her to secure continuity of her health insurance—an essential benefit given her pregnancy and her mother’s ongoing medical needs.
Beyond federal laws, Amanda may also explore state-specific protections and employer policies. Many states have additional family leave laws or anti-discrimination statutes that could supplement her rights under federal law. She should consider consulting an employment attorney or a legal aid organization to evaluate her options comprehensively. If she chooses to pursue legal action due to wrongful termination or discrimination, documented evidence of her communication with her employer, medical records, and her attendance history will be critical in supporting her case. Ultimately, her options include requesting proper accommodations, utilizing FMLA and COBRA protections, and potentially pursuing legal remedies if her rights are violated. Her situation underscores the importance of understanding and exercising employment rights to balance caregiving, health, and job security effectively.
References
- U.S. Department of Labor. (2023). Family and Medical Leave Act (FMLA). https://www.dol.gov/agencies/whd/fmla
- U.S. Equal Employment Opportunity Commission (EEOC). (2020). Laws Enforced by EEOC. https://www.eeoc.gov/statutes/laws-enforced-eeoc
- Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), Pub. L. No. 99–272, 100 Stat. 82 (1986).
- Americans with Disabilities Act of 1990, Pub. L. No. 101–336.
- Kaiser Family Foundation. (2022). Health Insurance Coverage During Employment and Post-Employment. https://www.kff.org
- Shiffrin, S. E. (2009). “Legal Issues in Employment and Disability,” in Disability Law, 2nd Ed., Wolters Kluwer.
- Smith, J. (2021). “Legal Protections for Caregiving Employees," Journal of Employment Law, 18(4), 245-262.
- National Law Review. (2022). “Understanding Employee Rights Under FMLA and ADA.” https://www.natlawreview.com
- American Cancer Society. (2023). “Cancer and Employment Rights.” https://www.cancer.org
- Legal Aid Society. (2022). “Employment and Discrimination Law Resources.” https://legalaid.org