Intermittent leave for children over 18

kcederberg

Can someone point me in the right direction?

I have an employee who has requested intermittent FMLA to take her teenage daughter to appointments, hospital visits, etc.

As I was preparing the paperwork to offer provisional FMLA, I noticed that my checklist says "to care for spouse, child, or parent with serious health condition and child must be under the age of 18 unless mentally or physically disabled." The daughter is 19 years old and is not disabled.

Is there something in the federal regs that actually states that FMLA only covers children under the age of 18?

Thanks!

FunHRBanker

The child must be incapable of self care.

kcederberg

That is not the case, but she does have a terminal illness and I am inclined to approve the request.

NaeNae55

I seem to remember a case where FMLA was granted to help a pregnant daughter because the spouse could not be there. We would approve such leave here, but I am not sure if it would actually count against their total FMLA. This one might require a lawyer to know for sure.

ACU Frank

Once you deviate from the actual FMLA requirements and grant a leave of absence (as you are legally allowed to do), you enter the land of "What Will I Do With The Next Exception Request?"

I think most Forumites know I am relatively comfortable with Inconsistency. In fact, Inconsistency and I have fostered a long and loving relationship (albeit a disfunctional one). If you are NOT comfortable with that, then that is a place you should NOT go.

halll

Does your state law have any provision for this? Here in Oregon, state law provides for family and medical leave for the serious health condition of a child of any age, including an adult without impairment.

kcederberg

Not that I am aware of.

I went ahead and approved the request for FMLA because it is the right thing to do under the circumstances. We are in healthcare and deal with cancer patients day in and day out and the least we can do is provide job protection to one of our own whose young adult daughter is terminal.

Thanks for your feedback and suggestions.