Ever wondered whether you could use your FMLA leave to take care of an adult child? The Department of Labor recently stated that the FMLA does entitle you to take care of a disabled adult child under certain circumstances. An adult child is defined under the FMLA as a son or daughter who is 18 years old or older if he or she is incapable of self-care because of a mental or physical disability. 29 C.F.R. § 825.122(c)(2). To be entitled to use FMLA leave to care for your adult child, the child must have a “disability” under the ADA, be incapable of providing self-care because of the “disability”, have a “serious health condition” under the FMLA, and need care due to the serious health condition. The age in which the child’s debilitating condition began does not affect whether or not you would be entitled to leave to care for that child. Self-care includes basic activities like being able to feed yourself, bathe and take care of personal hygiene though it also includes more complex activities like cooking, shopping, and paying bills. These requirements are fairly stringent especially where the child is receiving in home or inpatient care. In fact, the FMLA does not allow for time off to care for a daughter who has recently had a baby. Though a small victory for employees in terms of having a legally protected right to care for adult children in certain circumstances, it is clear that an adult child’s daily activities must be severely limited in order for you to be eligible for the leave to take care of your child. You can learn more about your FMLA rights by perusing the U.S. Department of Labor’s website on this subject.
