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Jan01

FMLA for child over 18

I have an employee requesting FMLA for a 20 year old child condition of seizures. Child is on medication and the doctor indicates parent only needs to be off to transport to appointments. Would this qualify for FMLA for child over age 18?

FMLA regulations state an eligible employee’s entitlement to FMLA leave for a son or daughter older than age 18 years of age is limited to those who are “incapable of self-care because of a mental or physical disability”. Incapable of self care as requiring active assistance or supervision to provide daily self care in several of the activities of daily living or a disability that falls under the ADA (Americans with Disabilities Act).  Your employee’s child may not be able to drive, which is a limiting daily activity.

Until 2008, ADA did not protect people with seizure disorders. In 2008, Congress passed the ADA Amendment Act which explicitly lists epilepsy and seizure disorders as intermittent conditions that would generally meet the definition of disability. It should be noted that employers should avoid discriminatory actions in regard to individuals with seizure disorders.

Based on FMLA regulations for children over 18 years of age for conditions covered under ADA and, that ADA lists seizure disorders as a disability, you should grant the FMLA.

This entry was posted on Tuesday, January 1st, 2013 at 5:44 pm and is filed under
Human Resources Management.
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