FMLA

[Guest Arowe]

For FMLA purposes a child means 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 "incapable of self-care because of a mental or physical disability."

Does that mean that a child that is over 18, must meet the definition of having a disability on the day before the FMLA event? Or can it mean an adult child who, as a result of the FMLA event is, for instance hospitalized and needs assistance.

I need to know if the child had to have already been considered disabled by the above definition prior to the FMLA or is the FMLA event enough to cause the child to meet the definition?