In a recent opinion letter, the DOL concluded that the FMLA covers an employee’s attendance at a school meeting where their child’s individualized education program (IEP) will be discussed. In so doing, the DOL concluded that the employee’s attendance at the IEP meetings constitutes “care for a family member…with a serious health condition.”
FMLA guru, Jeff Novak, suggests employers:
- Treat a request for FMLA leave to attend an IEP meeting consistent with how all other intermittent FMLA leave requests are handled, including requiring the employee to provide notice for a foreseeable leave of absence and provide appropriate certification to support the leave request. The medical certification should contain specific language supporting the need for the employee to attend IEP meetings for the child.
- Since it may be difficult to determine if it is an actual IEP meeting, closely review the need for attendance specifically at school meetings so that there is some connection to the child’s IEP or issues that implicate the Individuals with Disabilities Education Act (IDEA).
- Unless there is objective evidence that the employee is lying about attendance at the IEP meetings, employers should tread carefully in requesting documentation to support attendance at every IEP meeting.
- Train your managers about this new obligation so that these requests are not being outright rejected in the context of FMLA leave, which may be their knee jerk reaction.
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