Legal Question in Medical Leave in Ohio
Can FMLA be used for child(ren) with disabilities?
Two children with mild disabilities. One child is in special ed preschool and additionally has 2 hours outside school therapy requiring 3.5 hours of drive time. At-home exercise requires an addition 10-15 hours/week. Must be monitored closely for all eating. Additional medical issues requiring multiple dr. appts. each month, medications, etc.
Second child recently diagnosed with reading disability and processing disorder. In school all day. Requires out-of-school speech and occupational therapy plus at-home practice requiring 8-10 hours/week. Addressing learning disability requires an additional 10-15 hours/week.
Can FMLA be used for up to 12 weeks in order to allow family time to get things organized, focused and provide intense training time to work on learning disability. For instance, during summer break... child and parent could use 6-12 weeks to attend intensive intervention program out of state.
Can family use time intermittently, for instance 8-16 hours/week, for extended period to provide sufficient intervention during school year?
1 Answer from Attorneys
Re: Can FMLA be used for child(ren) with disabilities?
It�s hard to say without additional information. The FMLA generally does not apply to learning disabilities that do not cause incapacity, though it sounds like the FMLA may apply to the first child you mention as you seem to indicate that the child suffers from a physical disability/medical conditions. The FMLA�s definition of a �serious medical condition� for which leave may be taken is rather long but you can view it at
http://a257.g.akamaitech.net/7/257/2422/08aug20051500/edocket.access.gpo.gov/cfr_2005/julqtr/29cfr825.114.htm
to determine if your situation meets any of the provisions.
If you are still unsure after reading the definition of �serious medical condition�, my suggestion would be to request FMLA leave from your employer and see if your employer grants it. If so, problem solved. If the FMLA does apply (and it only does if your employer has 50 or more employees), then up to 12 weeks per year can be taken on an intermittent basis. Note, however, that the employer can transfer you to an alternative position during the period that intermittent leave is taken, but the alternative position must have equal pay and benefits.
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