Blog Layout

IEP Meetings Qualify Under the Family and Medical Leave Act

IEP Meetings Qualify Under the Family and Medical Leave Act
The United States Department of Labor issued an Opinion in August of 2019 indicating that a parent’s attendance at their child’s IEP meeting qualifies as leave coverage under the Family and Medical Leave Act of 1993 (FMLA). FMLA is a United States labor law requiring covered employers to provide employees with job-protected and unpaid leave for qualified medical and family reasons. Many parents of children with special needs may find it easier to obtain FMLA coverage for their child’s doctor or therapy appointments, they may have not had the same response when asking for coverage to attend their child’s IEP meetings.

 In rendering its Opinion, the U.S. Department of Labor pointed out that when attending an IEP meeting, a parent is “caring for a family member” who has a “serious health condition”. The Opinion points to numerous court cases where FMLA coverage was approved, even though the coverage was not for a traditional doctor’s appointment, such as finding suitable childcare for a child on the Autism spectrum.

 The U.S. Department of Labor also stated that the FMLA does not focus on “treatment” for the serious health condition, but rather the “care” that is being provided for the family member with a “serious health condition”. Thus, a parent attending an IEP meeting for their child with a “serious health condition” is making a decision about their child’s care, even though the care was not being provided by a facility for medical treatment.

 The Department of Labor’s Opinion provides a parent with the ability to attend their child’s IEP meetings without fear of losing their job. The parent must continue to provide the necessary documentation to support their request for leave. However, a parent’s employer can no longer deny such a request.  

 If you are having difficulty obtaining FMLA coverage to attend your child’s IEP meetings or having difficulties with your school district over your child’s IEP, contact one of the experienced Special Education Attorneys at Bingaman Hess.

Contact Us

News & Information

Contact our civil litigation and mediation attorneys serving Berks, Lehigh, Northampton county.

Benefits of Mediation in Civil Litigation

By Mahlon Boyer • 02 May, 2024
Mediation is an Alternative Dispute Resolution Method in Which a Neutral Person Helps Parties Find a Solution to Their Dispute. It Offers Many Benefits.
Contact our Estate Attorneys for Help with All Your Probate Questions and Legal Needs.

What is Probate?

By Mahlon Boyer • 23 Apr, 2024
Discover What Probate is, the Probate Process, And Times That Probate is Not Required.
Contact our civil litigation attorneys in Berks County, PA.

8 Civil Litigation Terms to Know

By Mahlon Boyer • 16 Apr, 2024
The Law And Civil Litigation is Complex; Here Are Some Legal Terms You May Encounter if You're Involved in Civil Litigation.
Here's What to Know About the PA Sunshine Act. Contact our Municipal Attorneys for Legal Assistance.

What Residents Need to Know About the Pennsylvania Sunshine Act

By Mahlon Boyer • 05 Apr, 2024
The Basic Purpose of the PA Sunshine Act is to Prevent Government Agencies From Making Decisions Without The Knowledge of And Input From The Public.
Learn all about M&A law with the help of Bingaman Hess - your trusted Pennsylvania law firm.

Understanding the Mergers and Acquisitions (M&A) Process

By Mahlon Boyer • 03 Apr, 2024
How do Mergers and Acquisitions work? Learn all about M&A law with the help of Bingaman Hess - your trusted Pennsylvania law firm.
Corporations can safeguard their future by prioritizing corporate compliance. Here's how.

Corporate Compliance Strategies & Legal Obligations

By Mahlon Boyer • 23 Mar, 2024
Corporations can safeguard their future by prioritizing corporate compliance. Here is a description of common legal obligations and key compliance strategies.
Find out more about corporate governance and its role in long-term business success.

Understanding Corporate Governance

By Mahlon Boyer • 16 Mar, 2024
Learn about about corporate governance and its role in long-term business success.
Contact our Real Estate Attorneys Regarding Eminent Domain and Condemnation in Berks County, PA.

Eminent Domain and Condemnation

By Mahlon Boyer • 09 Mar, 2024
Eminent Domain Gives Governments The Power to Seize Private Property, But Those Powers Have Limitations, And Property Owners Have Rights.
Learn About the Difference Between Wills and Trusts and Pros and Cons of Each in This Quick Article.

Wills vs Trusts

By Mahlon Boyer • 02 Mar, 2024
For Many, a Will is Sufficient. But a Living Trust, Which is More Expensive but Can Bypass Probate and More, May Be Beneficial for Some.
Protect Yourself with These Real Estate Asset Protection and Preservation Tips!

Real Estate Asset Protection and Preservation Tips

By Mahlon Boyer • 23 Feb, 2024
Real Estate Asset Protection Helps Protect Your Real Estate And Other Business And Personal Assets From Lawsuit Judgements And Creditors.
More Posts
Share by: