In a recent Opinion Letter, the Department of Labor found that an employee’s absence to attend a school meeting discussing his or her child’s individualized education program (IEP) was protected under the Family and Medical Leave Act.
The employee received certification from her children’s doctors documenting the need to take intermittent leave to care for the children. The employer approved intermittent FMLA leave to take the children to medical appointments but denied leave to attend school IEP meetings.
The employee’s husband asked for guidance from the DOL in an opinion letter request. In the request, the parents explained that their children received doctor-prescribed therapy provided by the school district. To access this therapy, the school district required an IEP, which is a plan outlining the program of support the child will receive. Throughout the year, they were required to attend meetings to discuss the IEP and have it renewed for ongoing services.
The DOL held that care for a family member includes both physical and psychological care, along with making arrangements for changes in care. Therefore, IEP meetings are covered by the FMLA and the employee’s attendance at the IEP meetings is “care for a family member… with a serious health condition.”
A copy of the opinion letter may be accessed by clicking here.
Employers should treat a request for leave to attend an IEP meeting as it would treat any other intermittent leave request under the FMLA.
