Q: Can I ask for time off from work to attend my child’s IEP meetings?
A: Yes In August, the US Department of Labor (DOL) issued a letter clarifying that parents and guardians are allowed to use the Family and Medical Leave Act (FMLA) intermittently to attend Individual Education Program (IEP) meetings with teachers, school administrators, and others involved in planning education services for children with special needs. The opinion gives educators a tool for helping families participate in the IEP process, which can be daunting and is often a source of frustration for parents. Click here to read the letter: https://www.dol.gov/whd/opinion/FMLA/2019/2019_08_08_2A_FMLA.pdf
Q: What is FMLA?
A: FMLA permits an eligible employee to take up to 12 weeks of job-protected, unpaid leave per year “to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition.” Care for a family member includes “both physical and psychological care” and “making arrangements for changes in care.” And as most employers administering FMLA know, employees are permitted to use FMLA leave intermittently when medically necessary because of a family member’s serious health condition.
Q: Does a doctor have to be present at the IEP meeting in order for me to take FML?
A: According to the letter written by Cheryl M. Stanton, a DOL administrator, a child’s doctor does not have to be present at an IEP meeting for the parent to qualify for FMLA leave.
IEP meetings …“help participants make medical decisions concerning your children’s medically prescribed speech, physical and occupational therapy; to discuss your children’s well-being 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.”
– Cheryl Stanton, Administrator
Q: How did this come to be?
A: The opinion letter was in response to a family’s complaint that the mother’s employer allowed her to use FLMA time for her two children’s medical appointments, but not for meetings at school.
Q: Can my employer require proof of appointment for IEP meetings?
A: Employment lawyers suggest that unless there is objective evidence that the employee is lying about attendance at the IEP meetings, they should tread carefully in requesting documentation to support attendance at every IEP meeting.
Q: What about other school-related meetings?
A: USDOL stated in the letter 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.” In addition, some states (California, Illinois, Massachusetts, Minnesota, Nevada, North Carolina, Rhode Island, Vermont, and Washington, DC) have laws requiring employers to provide leave for parents and guardians to attend some of their children’s school-related activities.
Q: Does FMLA require that I be paid for the time off?
A: No, FMLA only requires that employers allow employees the time off. It does not require that employees be paid for that time.
Q: Can I use earned sick time to attend an IEP meeting or other school-related functions?
A: Under New Jersey’s Paid Sick Leave Act, employees who have earned time may use it to attend their child’s school-related conference, meeting, function, or other event requested or required by a school administrator, teacher, or other professional staff member; or to attend a school meeting in connection with their child’s health conditions or disability. Parents may also use paid sick time when the school or childcare location for the employee’s child has been closed by a public official due to an epidemic or other public health emergency.
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