FMLA Coverage Extended

In a very recent case involving a parent's right to take leave under the Family and Medical Leave Act ("FMLA"), Wegelin v. Reading Hospital and Medical Center, the Eastern District Federal Court decided that a mother seeking day care for her autistic, special needs child was entitled to take FMLA leave to find day care placement for the child.

In the Wegelin case, Ms. Wegelin was reassigned to park in a parking area at work that was remote from her workplace. As a result of the parking reassignment, Ms. Wegelin was required to find a day care placement for her autistic child that was open later in the evening. When she was unable to do so during her off work hours - and failed to report to work because of her search - she was terminated from her employment with Reading Hospital.

Ms. Wegelin filed a lawsuit in the Eastern District Federal Court against Reading Hospital, under the FMLA, arguing that she was entitled to take FMLA leave to search for suitable daycare for her disabled child. The Judge assigned to the case - Judge Timothy J. Savage - agreed.

The FMLA allows a worker to take leave in order to take care of a child or dependent who has a "serious health condition." That term is defined by the FMLA as an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility, or continuing treatment by a health care provider.

A "serious health condition" includes any period of incapacity due to a chronic condition, which has continued over an extended period of time and requires periodic visits for treatment or evaluation with a doctor, nurse practitioner, or clinical social worker, or a nurse under the direct supervision of a doctor, nurse practitioner or clinical social worker.

In his opinion in the case, Judge Savage observed that autism is a significant developmental disorder, rendering the child in a perpetual state of suffering from a serious health condition. Therefore, any need - doctor's appointments or day care arrangements - can trigger a parent's entitlement to leave under the FMLA, in order to attend to the child.

Not surprisingly, the attorneys for the parties differed as to the importance of the decision. The attorney for the Defendant, Reading Hospital, represented that the decision was very fact-specific, and would therefore be of little authority in application to other, later lawsuits involving the FMLA. However, the Plaintiff's attorney believes that even though the case presented a unique factual situation, it nevertheless makes it clear that the FMLA and its regulations include a broad definition of what constitutes a "serious health condition."

Unfortunately, a higher court will not be able to review the decision of the trial court, because the case was settled on the same day the decision was filed. However, the decision does illustrate that parents of special needs children may have a valid argument for entitlement to FMLA leave in situations in which a parent may need to devote work time to address the special day care needs of special needs children.

If you have any questions about FMLA, do not hesitate to contact us at (717) 775-7195.