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FMLA for children over 18
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FMLA for children over 18
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our employee wants FMLA for a child over 18 years. The child has seizures and is not able to drive to doctor appointments. The child still lives with her parents. Would you approve this for FMLA?
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FMLA for children over 18

posted at 9/20/2010 10:30 AM EDT
Posts: 13
First: 2/18/2009
Last: 9/20/2010
our employee wants FMLA for a child over 18 years. The child has seizures and is not able to drive to doctor appointments. The child still lives with her parents. Would you approve this for FMLA?
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FMLA for children over 18

posted at 9/20/2010 10:58 AM EDT
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
"To determine whether the employeeâs absences were protected by the FMLA, the court focused on the lawâs definition of child. The FMLA defines a child to include both children under 18 and those who are "18 years of age or older and incapable of self-care because of a mental or physical disability." Under the FMLA regulations, the term "incapable of self-care" means that the person needs daily assistance or supervision to provide daily self-care in three or more of the "activities of daily living" (ADLs) or "instrumental activities of daily living" (IADLs). The regulations further define ADLs to include caring for oneâs grooming and hygiene, bathing, dressing, and eating. IADLs include cooking, cleaning, shopping, taking public transportation, and paying bills." FROM http://www.ppspublishers.com/articles/fmla-adult-children.htm

I would try to get a bit more clarification on what limitations the adult child has. Obviously driving. I always prefer more backup documentation to less. The biggest risk is that you state this IS FMLA and it ends up not being FMLA and the fact that you would then still owe 12 more weeks for another reason. That is being overly generous could come back and bite you. But I would tend to be overly generous if possible.
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