It’s that time of year again. Every commercial on TV seems to have a “Back to School” theme, Target is stocked up on all the pens, pencils, binders, and other school supplies, and Tennessee schools are almost ready to open back up for our children.
Of course, with this time of year comes concerns about how the family schedule will look and what to do when our children get sick, have serious health issues, or have appointments related to a disability during the busiest time of the year. Just about every parent knows the feeling—you devise the perfect schedule and routine just for your child to suffer an injury during sports or come down with an illness and throw it all for a loop.
What many parents don’t realize is just how powerful the Family Medical Leave Act (FMLA) is and how it applies to conditions your children are facing. We want to explore the Intermittent Leave protections granted by the FMLA for parents preparing to get their kids back in Tennessee schools. When an employer attempts to block parents from using this leave, it’s important to work with an experienced Tennessee employment law attorney.
What is Intermittent Leave Under the Family Medical Leave Act?
The Act explains Intermittent Leave by stating “Employees have the right to take FMLA leave all at once, or, when medically necessary, in separate blocks of time or by reducing the time they work each day or week.” Parents often think they need to use hard-earned paid time off (PTO) in order to care for their children, but caring for your children, their serious health conditions, and their disabilities are all covered under the FMLA.
For example, if your child has an Individualized Education Plan (IEP) because they have autism and you need to attend their appointments then you would be able to use leave under the FMLA as this qualifies for Intermittent Leave. There is a single reason (your child’s autism appointments) at varied times.
What is Considered a Serious Health Condition?
While ongoing health conditions or disabilities are a common use of Intermittent Leave, it can also be applied to serious health conditions that require ongoing treatment. Minor conditions like a cold or cough aren’t covered by FMLA, however. Any time you need to take out for minor issues relating to the health of your children should be discussed with your employer to determine how this time will be tallied. FMLA is only relevant to serious health conditions.
The Act defines a serious health condition as:
- Conditions requiring an overnight stay in a hospital or other medical care facility;
- Conditions that cause the employee or the employee’s spouse, son or daughter, or parent to be incapacitated for more than three consecutive calendar days and that require ongoing medical treatments (including in-person visits, or even a single visit with follow-up care such as prescription medication);
- Chronic conditions that cause occasional periods of incapacity and that require treatment by a health care provider at least twice a year;
- Incapacity due to pregnancy.
Utilize and Defend Your Rights Under the FMLA in Tennessee
We’ve seen numerous cases where parents appropriately used or attempted to use the leave owed to them under the Act just for their employer to push back or even punish them. At Hunter Law Firm, we are fierce and compassionate advocates for the families of Tennessee and refuse to stand by when employers get in the way of the necessary care of our children. If you were blocked from using leave owed under the FMLA or punished for using or attempting to use the time owed to you, contact our law firm today.
Hunter Employment Law
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