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FMLA for Child Over 18
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FMLA for Child Over 18
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Just wanting to clarify this. Taking FMLA for a family member includes only the spouse, minor child, or a child who is not a minor but is unable to care for themselves because of a mental or physical
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Forums » Topic Forums » Benefits & Compensation » FMLA for Child Over 18
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FMLA for Child Over 18
posted at 5/13/2011 7:05 AM EDT
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Posts: 198
First: 5/6/2006 Last: 8/29/2011 |
Just wanting to clarify this. Taking FMLA for a family member includes only the spouse, minor child, or a child who is not a minor but is unable to care for themselves because of a mental or physical disability. With that in mind, if an associate has a 19 year old unmarried child, who, for instance is having surgery, and has no one else to care for them once released from the hospital, FMLA cannot be taken by the parent because the child is older than 18? This is how I read it, but wanted to clarify. Thank you. |
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FMLA for Child Over 18
posted at 5/13/2011 8:42 AM EDT
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Posts: 198
First: 5/6/2006 Last: 8/29/2011 |
The definition of a son or daughter I have seen on various websites. This one copied from FMLA Q&A on the University of Oregon website:
8. What is the definition of a son/daughter? A son/daughter is defined as any child under 18, or over 18 if incapable of self-care, who is a biological, adopted, or foster child, a stepchild or a legal ward, or a child for whom you are financially responsible and supervise on a day-to-day basis. The OFLA definition is the same, but also includes an adult child, over 18 and not substantially disabled, who needs care for a serious health condition. |
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FMLA for Child Over 18
posted at 5/13/2011 8:50 AM EDT
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Posts: 198
First: 5/6/2006 Last: 8/29/2011 |
The really irritating thing is, that the answer to this question should be easily found on the DOL website. I thought I hit the jackpot when I found a 2010 News Release that was entitled: US Dept of Labor Clarified FMLA Definition of a Son or Daughter. Unfortunately, reading it I find info on WHO may take the leave for the care of a child (a same sex partner of the parent, an uncle whose brother is in active military, a grandmother when her own child is debilitated may take FMLA to care for a granchild, etc.) Nothing as to the definition of the actual "son or daughter" for which the leave is being taken. |
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FMLA for Child Over 18
posted at 5/13/2011 9:23 AM EDT
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Posts: 15
First: 9/18/2008 Last: 5/13/2011 |
The over 18 child must be disabled per the ADA regs. Right from the FMLA regs:
(c) Son or daughter. For purposes of FMLA leave taken for birth or adoption, or to care for a family member with a serious health condition, son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and âincapable of self-care because of a mental or physical disabilityâ at the time that FMLA leave is to commence. (1) âIncapable of self-careâ means that the individual requires active assistance or supervision to provide daily self-care in three or more of the âactivities of daily livingâ (ADLs) or âinstrumental activities of daily livingâ (IADLs). Activities of daily living include adaptive activities such as caring appropriately for one's grooming and hygiene, bathing, dressing and eating. Instrumental activities of daily living include cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc . (2) âPhysical or mental disabilityâ means a physical or mental impairment that substantially limits one or more of the major life activities of an individual. Regulations at 29 CFR 1630.2(h), (i), and (j), issued by the Equal Employment Opportunity Commission under the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq. , define these terms. |
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