HR question of the month: FMLA leave for childcare
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Question
With the start of the school year, multiple employees have requested to use Family and Medical Leave Act (FMLA)leave to take care of their children when they have days off from school. These employees have not brought up any medical condition; our understanding is that they do not want to arrange for childcare and want to take days off to watch their kids themselves. Are we required to provide them with FMLA leave for regular childcare reasons?
Answer
The federal FMLA provides eligible employees with up to 12 workweeks of unpaid leave a year. Employees may use leave to, among other reasons, care for an immediate family member (including a child) with a serious health condition. When it is medically necessary, employees may take FMLA leave intermittently or on a reduced leave schedule. The need to watch children when they have a day off from school, without a medical reason involved, would not entitle an employee to FMLA leave.
However, employers should ensure that there is no medical issue involved before denying an employee’s request to use FMLA leave to care for their child. When an employee requests leave, they are required to provide enough information for the employer to know that the leave may be covered by the FMLA. The employer may ask additional questions to determine if the leave is FMLA-qualifying.
Employers should check state and local laws for any additional protections that may apply. It is also advisable for employers to work with local counsel to ensure they are complying with all legal obligations.
Federated Insurance is an ACCA Platinum Partner. For more information about our Corporate Partner program, visit here or email ACCA’s Strategic Partnerships Manager Kenzi Vizzari at kenzi.vizzari@acca.org.
This article is for general information and risk prevention only and should not be considered legal or other expert advice. The recommendations herein may help reduce, but are not guaranteed to eliminate any or all risk of loss. This is not provided as a substitute for any OSHA or other regulatory standards that may apply. The information herein may be subject to, and is not a substitute for any laws of regulations that may apply. This information is accurate as of its publication date and is subject to change. Some of the services referenced herein may be provided by third parties wholly independent of Federated. Federated provides access to these services with the understanding that neither Federated not its employees provide legal or expert advice. All products and services not available in all states. Qualified counsel should be sought with questions specific to your circumstances and applicable laws.
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