Reply to Nannies and sick leave

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]NP.  How many sick days a nanny takes and number of times late are definitely things I ask during the reference check.  Reliability is important to us.[/quote]

Well, then you should know that [b]you may be violating the ADA.[/b]  Retaliating against someone for being sick is unethical and often illegal.  [/quote]

Nope. If the employer has less than 25 employees, the ADA does not apply.

You can argue about what she should and shouldn't do, but you can't invoke ADA legislation to back you up.[/quote]

[b]But state and local laws often forbid disability discrimination for ALL employers, regardless of size.  State FMLA laws may also apply regardless of size[/b] -- so if you retaliate against an employee for taking sick leave, then you may also be violating that law.

The fact is, it's super dodgy ethically to hold it against a low-wage worker that they took sick leave (especially if it's paid sick leave that you provided for in their contract!!!)  And in many cases, it may be illegal as well.  [/quote]

Sure. And I agree with you. But that isn't what was being claimed.

1. Show me where the PP talked about anything other than federal law (it's in bold up above). 
2. Show me where I said anything other than that the ADA does not apply.

I happen to agree with you, but it's not because of legislation -- it's because of ethics, whether that is backed up by local law, or not. And people need to stop making crappy arguments about it using references they don't understand, because that isn't helping.[/quote]

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