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.
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