FML for Adult Child

HRinVA

In order to qualify for FML, does the child over 18 have to be mentally or physically disabled before the event/situation, or could the event qualify them for FML? For example, if the adult child (previously without a disability) is in a serious car accident and needs someone to care for them, would this qualify for FML? I have always thought the latter, but I recently attended a FML training session where the former was indicated.

ritaanz

If the son or daughter is 18 or older and incapable of self-care because of a mental or physical disability, they would be covered under FMLA.

Incapable of self-care means that the individual requires active assistance or supervision to provide daily self-care in several of the activities of daily living. i.e. grooming, dressing, eating, cooking, cleaning etc.

FunHRBanker

In addition (please correct me if I'm wrong!), if they have a serious health condition such as heart surgery or cancer and are unable to care for themselves, they are also eligible for FMLA.

NeedCoffee

I'm with FunHRBanker - I don't think the age of the child matters. You'd grant FMLA for an EE to care for a parent who just had surgery/cancer, so why wouldn't you grant it for an adult child?

ritaanz

The key phrase is incapable of self-care.

System

The age of the child *does* matter. The reason you would grant FMLA for an employee to care for a parent and not an adult child, is because the employee is not entitled to FMLA to care for an adult child! (unless the adult child is incapable of self care due to a physical or mental disability)

Note that the reason for the incapability must be due to a [i]disability[/i] - i.e., a physical or mental impairment that substantially limits one or more major life activities. A mere "serious health condition" such as surgery that creates only a temporary incapacity does not count as the sort of incapability of self care that qualifies an employee for FMLA leave.

I believe the legislative rationale behind this distinction is that adult children are more likely to have other people besides their parents (i.e., spouses or their own children) who will be entitled to FMLA to care for their serious health conditions, so the legislature chose not to create this entitlement for parents to care for adult children. That definitely sucks for the parents of the many unmarried, childless adults out there, but that's what the law says. Of course, employers can always choose to offer more generous benefits than the FMLA requires and grant leave to care for adult children if they wish.

LindaS

I would like to clarify something, the FEDERAL FMLA regs. state that a child would be considered a child for caring for purposes if they are over the ageof 18 and incapable of self-care due to a mental or physicial disability.

FunHRBanker's response that a child is also an adult child who is incapable of self-care due to a serious health condition is a WIFMLA regulation, not federal.

That being said, unless a state has a separate FMLA regulation, a serious car accident would not qualify someone for FMLA to care for an adult child UNLESS that child suffered a mental or physicial disability as a result of the accident.

In all reality, if an eligible EE's child was diagnosed with cancer or had that serious car accident, I would grant FMLA protection to them.

HRinVA

Virginia follows Federal FMLA...I never knew that a temporary disability (like the car accident scenario) did not qualify.