Bill would expand FMLA leave for school activities

On August 31, a U.S. representative introduced the Family Leave for Parental Involvement in Education Act (HR 10200). If passed into law, this bill would amend the federal Family and Medical Leave Act (FMLA) to allow employees to take additional time off beyond standard FMLA leave.

The bill would allow employees to participate in or attend their children’s and grandchildren’s educational and extracurricular activities. Time off for these types of reasons doesn’t typically count as traditional FMLA leave.

Under the bill, eligible employees would be entitled to take up to 8 hours of leave during any 30-day period, and up to 48 hours of leave during any 12-month period.

The parental leave would be in addition to the 12 (or 26) weeks of FMLA leave for the already established reasons, such as to care for a spouse or child with a serious health condition.

“School” would include:

• An elementary or secondary school,
• A Head Start program assisted under the Head Start Act, or
• A childcare facility.

Activities sponsored by a school or community organization would include private, nonprofit organizations, such as scouting or sports organizations.

Employees could take the leave on a continuous, intermittent, or reduced-schedule basis. Employees would, however, need to give at least 7 days’ notice or as much notice as is practicable before taking the leave.

Employers could ask for a certification supporting the leave, and the U.S. Department of Labor would be tasked with producing a model form.

Like the current FMLA provisions, employees could use their accrued paid time off for otherwise unpaid parental leave, and employers could require that they do so.

Key to remember: Members of Congress continue to look for ways to expand the federal FMLA, and this bill is evidence of this.