Last month, the federal Department of Labor issued an Administrative Opinion letter that employees are eligible to take FMLA leave to attend meetings at their child’s school to discuss their Individualized Educational Program (IEP) required by the Individuals with Disabilities Education Act (IDEA). FMLA Op Ltr No. 2019-2-A. The DOL explained that the “analysis and conclusion in this opinion letter apply to any meetings held pursuant to the IDEA, and any applicable state or local law, regardless of the term used for such meetings.” The DOL had previously approved FMLA leave at attendance at meetings to discuss a parent’s care as well. The employee’s need to attend “IEP meetings addressing the educational and special medical needs” of the children —who have serious health conditions as certified by a health care provider—is a qualifying reason for taking intermittent FMLA leave.”
As explained by the DOL,
The Individuals with Disabilities Education Act (IDEA) requires public schools to develop an IEP for a son or daughter who receives special education and related services with input from the child and the child’s parents, teachers, school administrators, and related services personnel. Under the IDEA, “related services” include such services as audiology services, counseling services, medical services, physical therapy, psychological services, speech-language pathology services, rehabilitation counseling services, among others.
In the particular fact situation, the employee had already been approved for intermittent leave to care for her children, but the employer would not permit her to use FMLA leave to attend mandatory ISP meetings at the school. The “children receive pediatrician-prescribed occupational, speech, and physical therapy provided by their school district, and that four times a year their school holds CSE/IEP meetings to review their educational and medical needs, well-being, and progress.” The DOL found that the employee’s
attendance at these CSE/IEP meetings is “care for a family member … with a serious health condition.” 29 C.F.R. § 825.100(a); see also 29 U.S.C. § 2612(a)(1)(C); 29 C.F.R. § 825.112(a)(3). As noted above, “to care for” a family member with a serious health condition includes “to make arrangements for changes in care.” 29 C.F.R. § 825.124(b). This includes taking leave to help make medical decisions on behalf of a hospitalized parent or to make arrangements to find suitable childcare for a child with a disability.
The DOL had previously approved FMLA leave for attendance at “[c]are [c]onferences related to her mother’s health condition,” because her attendance at these conferences was “clearly essential to the employee’s ability to provide appropriate physical or psychological care” to her mother. WHD Opinion Letter FMLA-94 . . . “
In this situation, the employee attends
these meetings to help participants make medical decisions concerning [the] children’s medically-prescribed speech, physical, and occupational therapy; to discuss [the] children’s wellbeing and progress with the providers of such services; and to ensure that [the] children’s school environment is suitable to their medical, social, and academic needs. [The] child’s doctor need not be present at CSE/IEP meetings in order for [the employee’s] leave to qualify for intermittent FMLA leave.
NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can be changed or amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.
