Inter. FMLA - Parent Teacher Conference

kmaries · March 2003

I know you all read the header and said no way! Parent teacher conferences are not related to an Intermittent FMLA leave. That was my initial answer too, but after questioning this individual on the parent teacher conference I figured I had just seek some additional help.

She has an intermittent leave for her son that suffers from ADHD, obsessive compulsive disorder, oppositional defiant disorder, and depression. When I asked her about the absence for a parent teacher conference she indicated to me that she must meet with the teacher to discuss his learning and behavior at school.

Any suggestions where I should go with this? Typically, it was just a couple of hours of time however I have frequent complaints that this individual isn't doing what she says she is doing. Any help would be much appreciated!

LindaS · March 2003

How often are these meetings? My thought is that they do not fall under FMLA since the time off is not "to care for" the individual. You always have the right to go above and beyond the FMLA but to do it for one, you must do for all. Is there some reason why this type of thing cannot be scheduled after working hours?

kmaries · March 2003

The only reason that we are questioning is that we are having so many complaints from other employees regarding her absences. I have been investigating and have probably denied 3 absences in the last month b/c they were not FMLA eligible. Of course we could always allow these sort of absences, but like you said do it for her and do it for all. We are looking at over 3000 employees company-wide and I could see that becoming a problem real fast.

Thank you for the help - your suggestion with after work appointments is great, I didn't even think about that! Thanks!

Whatever · March 2003

Had a similar circumstance. The employee had an intermittent leave. In this particular case,the child was attending a school for children with emotional problems. Monthly meetings with the teacher, school psychologist and the private therapist together was part of the required treatment. We allowed it. The ee always brought in a note verifying the meeting.
My experience has been that intermittent leaves are always misinterpreted by other employees. I wish everybody wouldn't watch to see what is others are doing (or not doing), but that's life. You state that you have frequent complaints about what the ee is or isn't doing. I am torn between telling you to pay attention with half an ear or telling you to ignore office "gossip". I am always concerned about ee believing that some one else is getting away with something that no one else can. I have heard many a whopper over the years from one employee who was "jealous" of another employee.

Don D · March 2003

We have a similar situation and have approved the intermittent absences as FMLA. I would, and usually do, totally discount the rumblings from the peanut gallery. I think in both our case and yours, although the absence might not literally be to CARE for the child, it is definitely for the purpose of ensuring that the child's medical issues are adequately responded to jointly by the school and the parents. If something like transporting a family member to the doctor following surgery meets the definition of FMLA leave, certainly ensuring the child's ultimate wellbeing in this case, does. Having said that, I would certainly call the ee in and re-affirm the intermittent agreement and tighten it up.

gimper · March 2003

My brain says to go back to the FMLA requirement and get the medical certification. If the physician certifies that these meetings are necessary as part of the child's "care", then you have satisfied the written requirement. I think it is the safest practice to require the medical certification for all FMLA requests. I use that basis in making each determination. Good luck!

Rockie · March 2003

Technically, it does not appear to be FMLA related, but the interpretation can be "stretched" to include this. The pure definition is to "care" for spouse, child, parent of the employee if such spouse, child or parent has a serious health condition". Conferences to discuss the behavior/condition of a child does not appear to fall under this definition. But, if the employee can get a physician to sign off where this is medically necessary for the child, then I would accept it.

As far as other employees complaining, you are always going to have this because people feel someone is getting something they aren't getting. I always ask them if they would be willing to trade places with this person in order to get some time off. That usually makes them think.

kmaries · March 2003

Thanks everyone! The company I work for has 100 open intermittent leaves right now! It has become a full time job to track these things because unfortunately about half of them are abusers! I actually decided to grant the absence because she provided me information indicating that the appointment was for monitoring her son's behavior. I have made it very clear to her that parent teacher conferences which come at the end of a quarter or semester that is for academic overview will not be accepted. I would everyone and their sister applying for leave then.

As far as the other employees, in this case the FMLA eligible employee has admitted to using leave when not appropriate. For instance, she took a day off to wash clothes and told her co-workers that. This employee has been warned and hopefully I won't have any more problems with her.

Thanks Again!

Inter. FMLA - Parent Teacher Conference

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