Typically, when you see the word IEP in a title from KSB, it has something to do with legal compliance related to the IDEA. However, variety is the spice of life, which means let’s talk about compliance issues related to IEP meetings when it comes to the FMLA (yay?).
The U.S. Department of Labor, in its letter FMLA 2019-2-A, addresses whether FMLA leave can be used for a parent to attend their child’s IEP meetings. The FMLA permits twelve weeks of unpaid leave for an employee “to care for the spouse, or a son, daughter, or parent, of the employee” if such person has a “serious health condition.” 29 U.S.C. § 2612(a)(1)(C). A serious health condition “means an illness, injury, impairment, or physical or mental condition that involves—(A) inpatient care in a hospital, hospice, or residential medical care facility; or (B) continuing treatment by a health care provider.” 29 U.S.C. § 2611(11).
In this case, the employee received certification from their child’s doctor that supports the employee’s need to take leave. DOL concludes that attendance at IEP meetings to address “the educational and special medical needs of your children—who have serious health conditions as certified by a health care provider—is a qualifying reason for taking intermittent FMLA leave.” The letter further states that the employee's attendance helps “participants make medical decisions concerning your children’s medically-prescribed speech, physical, and occupational therapy; to discuss your children’s wellbeing and progress with the providers of such services; and to ensure that your children’s school environment is suitable to their medical, social, and academic needs.”
So, what does this mean? If an employee requests FMLA leave to attend an IEP meeting for their child, the district must consider that request carefully. The logic of this letter likely also extends to requests to attend Section 504 meetings. The DOL letter presumed the child had a “serious health condition” and discussed the importance of attendance at the IEP meeting because of the parents ability to address both educational and medical needs. Additionally, if you have a parent with whom it has been challenging to schedule an IEP meeting during the workday, you can suggest that the parent pursue FMLA leave through their employer.
Eligibility under the IDEA does not automatically mean a child has a serious health condition for purposes of the FMLA. If you receive such a request from an employee, you can still require the employee to provide medical certification that supports the child has a serious health condition. Additionally, the DOL letter seems to indicate that leave is permissible when the IEP meeting is about meeting the educational and medical needs of a child. However, if it is established that the child has a serious health condition, the hurdle of the meeting having to discuss medical needs seems rather low because the DOL discussed medical decisions in the context of school therapy providers (think OT, PT, etc.).
If this situation arises and you have any questions, call us at (402) 804-8000 or email ksb@ksbschoollaw.com.
Ps. School administrators - We just released the “What School Lawyers Want You to Know” series of 20-minute on demand videos for South Dakota special education teachers and administrators on our webinar portal. To register and read video descriptions, click here. For Nebraska folks, our 24-25 Special Education Rookie & Refreshers series is available on our webinar portal as well. If you missed registration and videos earlier in the fall, you can still register here and watch the recorded videos at your convenience!