Parent Rights: FMLA LEAVE FOR IEP AND IMPARTIAL HEARING

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Michelle: Does taking short term or intermittent leave for my childs IEP or impartial hearing qualify under the FMLA?

  1. It is subject to interpretation due to your specific situation. Please see department of Labor operation handbook chapter 39 D 03 C 5

    39d03 Leave to care for spouse, son, daughter, or parent with a serious health condition.

    (c) The concept of “needed to care for” a family member encompasses both physical or psychological care, and may include one or more of the following:

    (5) Attending care conferences during which the family member’s health care provider
    discusses the family member’s condition, immediate needs, incidents, and general
    well-being

  2. I have the same question. Let me try to flesh this out better -Our workplaces only give us a limited number of hours off. In some places it is then considered unpaid. In other workplaces you just aren’t allowed additional time off and can be fired if you miss too much work. If you use up all your vacation time going to appointments, etc. though you may still have sick time left that you can use to avoid losing pay or getting fired for going to these appointments. The question is if FMLA allows you to use that sick time for this purpose.

    Thanks

  3. I have the same question. Is time spent attending an IEP meeting covered under FMLA? They are necessary because my son is autistic and is multidisciplinary (OT, special education, etc.).

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