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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12052
Experience:  Significant experience in all areas of employment law.
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Have a 16 year old autistic son ?. Is autism treated in a

Customer Question

Have a 16 year old autistic son ?. Is autism treated in a certain way in FMLA ? Does he have to have a certain "episode", i.e. be sick, for me to be able to take FMLA leave ? If so, then isn't that just the same for a normal child. He can never be left alone. If I simply need to be home to watch him, with no other sickness or issue on his part, would that qualify for FMLA leave ?
JA: Have you documented this or discussed it with HR?
Customer: Not yet.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Civil service protected, non-union, full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: That should do it.
Submitted: 6 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 6 months ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Please just give me a moment to review your question....

Expert:  Patrick, Esq. replied 6 months ago.

Autism is generally considered to satisfy the "serious health condition" definition necessary to trigger eligibility for FMLA. However, it is generally understood that time off would be restricted to what is medically necessary. This means that the time off must generally relate to the need to tend to your child for specific medical episodes, not simply to provide general care. The latter, as you correctly reason, would be a need for any parent with a minor child, not simply a child with autism.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

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