Flexible Spending Account Dependent Care for Parent

[Guest chancelb]

Does anyone know the answer to this question from one of our employee's?

I currently have money coming out of my check for my dependent mother's day care. I just found out that she is going to need surgery and then rehab so she will not be able to attend day care for a few months. Is there any way that we can stop withholding for dependent care from my check?

Thanks.

[SLuskin]

The regs are much easier on daycare than on premiums and medical FSA. When your mother is no longer in daycare, you no longer have a qualifying individual and you must stop your contributions. If she recovers to the point when she can resume daycare, you then have the option of restarting your deductions. If she goes to a nursing home or assisted living facility, you cannot claim her daycare expense, because this would then not be employment related.