Based on the U.S. Department of Labor’s recent opinion letter, the need to attend an IEP meeting addressing the educational and special medical needs of a child—who has a serious health condition as certified by a health care provider—is a qualifying reason for a parent to take intermittent FMLA leave. The DOL decided that a parent’s attendance at an IEP meeting is “essential to [the parent’s] ability to provide appropriate physical or psychological care” of the child. The child’s doctor is not required to be present at the IEP meeting in order for the parent to qualify for intermittent FMLA leave.

If the employee notifies his or her employer about the need to take intermittent FMLA leave to attend a meeting at school associated with the child’s serious health condition, this would be sufficient to permit the parent FMLA leave. It is likely that the DOL would not require the parent to specify that it is an IEP meeting, but would require that the meeting be about the child’s serious health condition. A school disciplinary meeting for a child, for example, would be unlikely to qualify for intermittent FMLA leave.

Importantly, the DOL did explain that this opinion was for two students with “qualifying serious health conditions under the FMLA.’” Therefore, it would be within the employer’s right to request a Certification of Health Care Provider for Family Member’s Serious Health Condition regarding the child’s serious health condition prior to granting the intermittent FMLA leave to attend a child’s IEP meeting.

Contact your legal counsel regarding implementation of this new requirement.