Intermittent leave for child’s therapy covered under FMLA, not ADA

Q           We have an employee who’s asking to leave work early and use the last hour of her normal schedule to pick up her son and accompany him to therapy sessions that will take place two days per week for 12 weeks. Would this time off be covered by the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA)?

Her time off would likely be covered by the FMLA but not the ADA.

The FMLA specifically allows for leave to care for a family member with a serious health condition. The rule extends to what’s known as “intermittent” leave—the type of arrangement described here, where leave is taken piecemeal. The ADA, on the other hand, focuses on accommodations for an employee’s own disability. It doesn’t generally require an employer to provide leave for individuals without disabilities to care for loved ones with disabilities.

The Department of Labor (DOL) considers many conditions requiring regular therapy sessions, including many mental illnesses, as serious health conditions that justify FMLA leave. Even so, you should verify employer and individual FMLA coverage before granting FMLA leave. You should also confirm whether an employee intends to take protected FMLA leave, including noting whether medical certification or a formal FMLA leave form has been submitted in accordance with your policy.