Most people know that FMLA covers leave to care for a son
or daughter who is under 18 and has a serious health condition. But, did you
know that FMLA also covers a child who is "18 years of age or older and
incapable of self-care because of a mental or physical disability?"
Last week, the Department of Labor issued its first
Administrator's Interpretation of the year. In Administrator's Interpretation 2013-1, the Department
addressed FMLA for adult sons and daughters. In summary:
A parent will be entitled to take FMLA leave to care for
a son or daughter 18 years of age or older, if the adult son or daughter:
(1) has a disability as defined by the ADA;
(2) is incapable of self-care due to that disability;
(3) has a serious health condition; and
(4) is in need of care due to the serious health
It is only when all four requirements are met that an
eligible employee is entitled to FMLA-protected leave to care for his or her
adult son or daughter.
Read the full document for details on the individual
elements. Now might be a good time to dust off your FMLA policy to see if you
have this covered.
Read additional employment law articles on Phillip Miles'
blog, Lawffice Space
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