Federated HR Question of the Month

Submitted by Federated Insurance

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 work weeks 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.