FMLA child age 35

[Guest monti1]

We have an associate who is requesting FMLA time off to care for her 35 year old daughter who is hospitalized. The daughter is not married and has no one else to care for her. The associate indicates that her daughter's doctor will allow the daugher to be released as long as someone is there to care for her. We've reviewed the FMLA child definitions and we are not sure if the 'mentally or physically disabled' statement applies to temporary health conditions. Are we correct in assuming that the dependent adult child must be mentally or physically disabled prior to the onset of illness?

[Guest JerseyGirl]

The DOL lists on it's website as one of the reasons an employee would qualify for FMLA, the following:

"to care for an immediate family member (spouse, child, or parent) with a serious health condition"

I don't see where it states the child had to be a minor, so it would appear, in my opinion, that this is a valid use of the FMLA.

Here is the DOL website where I found this information,if you'd like to read further:

http://www.dol.gov/esa/whd/fmla/

[oriecat]

You have to look deeper, in the FMLA CFRs to see the definitions. The DOL website doesn't spell every detail out.

From the definitions:(http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.800.htm)

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 under 18 years of age or 18 years of age or older and

incapable of self-care because of a mental or physical disability.

Incapable of self-care means that the individual requires active

assistance or supervision to provide daily self-care in several of the

``activities of daily living'' (ADLs) or ``instrumental activities of

daily living'' (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.

What they don't define is "mental or physical disability", at least that I see.

[GBurns]

monti1,

If this child had been in a car accident or had a heart attack, would you require that they be mentally or physically disabled first?

I also question the 18 year age restriction that oriecat points out, although I have not perused FMLA, but since FMLA is allowed for spouses etc with no age restriction I cannot see that there should be an age restriction on a child.