Brace yourself: Routine orthodontic care isn’t covered by FMLA

Q       We have an employee whose child has monthly appointments for braces maintenance. Would this time off fall under the Family and Medical Leave Act (FMLA)?

Monthly braces maintenance appointments typically don’t fall under the FMLA, as they’re generally considered routine dental or orthodontic care rather than treatment for a serious health condition.

The FMLA provides job-protected leave for employees who need time off to care for their own serious health condition or that of a family member. It defines “serious health condition” as an illness, an injury, an impairment, or a physical or mental condition that involves either inpatient care or continuing treatment by a healthcare provider. While orthodontic treatment may be necessary for an individual’s overall health, unless the braces are part of a medical condition that qualifies under the FMLA (such as a condition requiring surgery or significant recovery), these appointments are unlikely to meet the criteria for FMLA leave.

              Madelyn Kline is an associate attorney at Goosmann Law Firm in Sioux Falls, South Dakota. She can be reached at 605-275-7985 or klinem@goosmannlaw.com.