adult child not disabled yet - FMLA?

Irie

An employee just informed me that she needs to take her adult child to the doctor and asked if she could take some intermittent time off work. She stated that the adult child is going to the doctor to see if the doctor will diagnose him as disabled for SSI.

I asked if there was a problem with him getting to the doctor on his own and she stated that she does not trust him to get himself there because he drinks and if he's drinking he won't show up for the appointment unless the employee takes him.

Would this qualify for FMLA since it hasn't been deemed that the adult child is disabled yet? Should I give her the certification? Thanks.

FunHRBanker

I would say that this does not qualify at this point. The adult child is not disabled and does not have a serious illness/injury that would render him/her incapapble of self-care. In WI, child is defines as a natural, adopted, foster or treatment foster child, a stepchild or a legal ward to whom any of the following applies: The individual is less than 18 years of age.
Or the individual is 18 years of age or older and cannot care for himself or herself because of a serious health condition. I may allow the employee to use sick time to take her son to the doctor. You would have a better idea of whether or not the absence (if there is one) is FMLA qualifying at that point.

System

Keep in mind that just because the child has not been deemed disabled for SSI purposes, that does not mean that the child is not "incapable of self care because of a mental or physical disability" for purposes of the FMLA. If the child is an alcoholic, the child could very well be disabled, but you also need to determine whether the child is incapable of self care; i.e., requires active assistance or supervision to provide daily self care in three or more "activities of daily living." These activities include things such as dressing, bathing, eating, cooking, cleaning, paying bills, taking public transportation, maintaining a residence, etc. From what you've posted, it doesn't sound like that's the situation with this adult child, but if you wanted to be sure, you could ask the employee if the adult child lives on his own or needs regular help with daily living.

Kimberly A. Klimczuk, Esq.

SKOLER, ABBOTT & PRESSER, P.C.
Editors of the Massachusetts Employment Law Letter
(413) 737-4753 Email: [email]kklimczuk@skoler-abbott.com[/email]

This message is not intended as legal advice and does not establish an attorney-client relationship. Readers of this email are encouraged to contact their labor and employment counsel for further information.