FMLA Rights Every Parent or Caregiver of a Neurodivergent Child Should Know
If you’re raising a child with autism, ADHD, Tourette’s, OCD, or another neurodevelopmental difference, you already know that some weeks are full of appointments, therapy sessions, and school meetings. Between evaluations, specialist visits, and days when your child simply needs a little extra care, it can feel impossible to manage everything while also keeping up with work.
That’s where the Family and Medical Leave Act (FMLA) can help.
What Is FMLA?
FMLA is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave each year for certain family or medical reasons. In other words, employers can’t terminate or retaliate against an employee for taking qualified FMLA leave, as long as eligibility requirements are met. This includes caring for your child when their physical or mental health requires more attention than usual.
That means you can use FMLA to:
Attend therapy sessions, evaluations, or specialist appointments.
Be home during medication changes or treatment transitions.
Support your child after a significant behavioral episode or hospitalization.
Participate in school ARD/IEP or 504 meetings to coordinate supports.
Simply take time to help your child regulate and recover during a difficult period.
Who Qualifies?
You may be eligible if you’ve worked for your employer for at least 12 months and have 1,250 hours of service during that time. The law generally applies to workplaces with 50 or more employees within 75 miles. You’ll need to check with your employer to learn more about if you qualify.
What Conditions Are Covered?
FMLA covers “serious health conditions,” which can include many neurodevelopmental and mental health diagnoses, especially when symptoms impact daily functioning or require ongoing treatment. So whether your child is starting an intensive therapy program for tics, adjusting to new ADHD medication, or attending frequent appointments for autism supports, those needs often qualify.
How It Works in Practice:
Imagine your child’s anxiety spikes mid-semester and they become unable to attend school. You might need a few weeks to coordinate care with their treatment team, help them stabilize, and attend daily sessions. Or maybe your child has Tourette’s and you’re starting a CBIT program like the one we offer here at Grounded Roots that requires weekly participation. FMLA leave can allow you to attend these appointments without the fear of losing your job.
Documentation and Next Steps:
Your employer will typically ask for documentation from a healthcare provider confirming the medical need. That might come from your child’s psychologist, pediatrician, or specialist—someone who can outline the nature of the condition and the reason for your involvement in your child’s care.
It’s okay if this feels confusing or intimidating. Many parents don’t even realize they qualify until they ask. You can start by talking to your HR department or benefits coordinator. If you need guidance on what documentation might look like, your child’s clinician can often help you prepare it.
At Grounded Roots Family Development Center, we understand that caring for a neurodivergent child sometimes means you need to pause and focus on what matters most: your family’s well-being. We’re here to support you with evaluations, treatment planning, and practical guidance along the way.
Learn more or connect with us at https://www.groundedrootsfdc.com/contact.
