›

Maximum age for dependent under FMLA

CarolkhCarolkh 4 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
I have an employee who wants to take leave to care for her daughter who is 30, unmarried, lives on her own and is not claimed as a tax exemption. I told her I would check into this but I remember reading somewhere that the age limit is 18. Does anyone know? The employee is eligible for FMLA.
Share on Facebook Share on Twitter

Comments

  • 6 Comments sorted by Votes Date Added
  • POPEYEPOPEYE 958 Posts
    PMVote Up0Vote Down
    Sec 825.113 (c) of the Federal Regs gives a clear answer. 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 either under age 18 or age 18 or older and "incapable of self-care because of a mental or physical disability." The regs go on to define self-care and physical or mental disability. So if this daughter is capable of living on her own then I would say the EE would not qualify for leave.
    Share on Facebook Share on Twitter
  • CarolkhCarolkh 4 Posts
    PMVote Up0Vote Down
    Thanks Popeye, This is exactly the info I needed.
    Share on Facebook Share on Twitter
  • Don DDon D 9,834 Posts
    PMVote Up0Vote Down
    In several instances I've interpreted that to mean a parent or child, regardless of age, if unable to move about or drive or feed and take care of personal needs i.e. recovering from surgery, or even if being put in a nursing home, would slip under the FMLA wire. Maybe I've stretched the intent of the act, but it felt good.
    Share on Facebook Share on Twitter
  • POPEYEPOPEYE 958 Posts
    PMVote Up0Vote Down
    Don D you are absolutely correct. I am sure that there are many times that we all have maybe circumvented one or two of the REGS. I also know what a feel good it is. However, (now I feel like you telling someone else and I certainly can't do it as eloquently as you) we do need to be consistent!

    By the way, I had deep fried turkey for Easter. One of the most tasteful meats I have ever had. When my son told me what they were going to fix I pulled up your recipe and forwarded it to them. They had been given one by one of his co-workers and it varied a little but it was very good.
    Share on Facebook Share on Twitter
  • WhateverWhatever 1,945 Posts
    PMVote Up0Vote Down
    I believe that the hardest part of FMLA is being consistent. When I stretch the intent of the act, it is because there are so many grey areas. Both the good news and bad news of it is that is not very well written and no two people's circumstances are exactly the same. Therefore, people where I work only know about the law from what has been posted and/or distributed. Therefore, when I stretch the law, nobody knows it but me.
    Share on Facebook Share on Twitter
  • LeslieLeslie 1,729 Posts
    PMVote Up0Vote Down
    Totally agree. The only time it frustrates me is when the CEO or CFO trample in and skew the intent all to blazes - for their favorites of course. "Oh, they're working at home so only charge them for two days of FMLA this week." Yeah, right. :-S
    Share on Facebook Share on Twitter
Sign In or Register to comment.