Legal Question in Medical Leave in South Carolina

Leave Under FMLA for ADHD Child

The Family Medical Leave Act provides for leave to care for a child with a "serious medical condition". The regulations for the FMLA interpret this to require inpatient care or continuing treatment by a heath care provider. If the condition falls into the "continuing treatment" catagory (and ADHD, brain seizures, and Legg-Calve-Perthes arguably do), then the regulations provide a series of additional conditions to be considered. Accordingly, you should consult an attorney in your area or the Wage-Hour Division of the U.S. Department of Labor in your area, to determine whether the particular circumstances of your child's condition are eligible for leave. One issue might be the possible chronic nature of those conditions. The regulations will include a condition which "continues over an extended period of time (including recurring episodes of a single underlying condition)", but then state that the condition be "episodic rather than a continuing period of incapacity". This suggests that the Act will provide leave where the parent is not simply substituting for permanent care. It is impossible to consider all of the factors in this context, and so an attorney should be consulted to determine your entitlement to leave.