Human Resource Blog

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Can an employee take a FMLA for school?

No. The federal Family and Medical Leave Act permits employees to take up to 12 weeks of unpaid, job-protected leave under certain circumstances:

1) When the employee has a serious health condition, certified by a doctor, such as cancer, a stroke or heart attack

2) To provide care and support for an immediate family member (parent, spouse, son or daughter under 18)  with a serious health condition, certified by a doctor.

3) For bonding with a newborn baby, or with a newly adopted or fostered child.

4) For families of members of the National Guard, Reserve or soldiers on active military duty, to handle legal and financial situations, care for children, attend military ceremonies, etc.

The law also provides for up to 26 weeks of unpaid, job-protected leave for the next of kin to care for a soldier injured while on active military duty. 

However, there is no provision under the FMLA for an employee to take time off work simply because there is something they would rather be  doing, or to attend to personal business. School would fall under those headings.