DOL Clarifies Definition of Son or Daughter over 18 under the FMLA

Under the FMLA, a parent is entitled to take FMLA leave to care for a son or daughter who is older than 18, only if the son or daughter: (1) has a disability as defined by the ADA; (2) is incapable of self-care due to that disability; (3) has a serious health condition; and (4) is in need of care due to the serious health condition.  On January 14, 2013, the Acting Deputy Administrator of the Department of Labor, Wage and Hour Division, issued an Administrator’s Interpretation that clarifies that the age of a son or daughter at the onset of a disability is not relevant in determining a parent’s entitlement to FMLA leave.  The Administrator concludes that: “An employee is entitled to take FMLA leave to care for a son or daughter with a serious health condition who is 18 years of age or older and incapable of self-care because of a disability regardless of when the disability commenced.”


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