Good news for parents of kids with disabilities! Time off work to attend Individualized Education Plan (IEP) meetings is covered by the Family Medical Leave Act (FMLA)!If I gave you a million tries, you’d never guess that the next Department of Labor FMLA opinion letter would answer the question [wait for it . . .]: Is an employee’s attendance at a child’s IEP meeting covered by the FMLA?
The Answer? Yes. Most definitely, yes.
In an opinion letter issued yesterday, 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.
The Facts
Interestingly, the request for an opinion letter came from a set of parents whose two children have serious health conditions. The employer for one of the parents approved intermittent FMLA leave to transport their children to and from medical appointments, but refused a request to take intermittent FMLA leave to attend school meetings.
As background, their children currently receive “pediatrician-prescribed occupational, speech, and physical therapy provided by their school district.” Additionally, on four occasions throughout the school year, their school holds IEP meetings to “review their educational and medical needs, well-being, and progress.” These IEP meetings include participation by a speech pathologist, school psychologist, occupational therapist and/or physical therapist employed or contracted by the school district, all of whom provide services to the child under the child’s IEP. The child’s teachers and school administrators also attend. [In case you’re wondering, an IEP outlines the program of special education instruction, support and services a child with a disability will receive as part of their education program. Each program is designed to meet a child’s exact needs.]
To read more on this story, click here: DOL Declares That Parent Attendance at School IEP Meetings Are Covered by the FMLA
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