FML for child over age of 18 with cancer

We have an employee who son was in the Armed Forces. He was brought back to the US once he was diagnosed with a brain tumor. It has been diagnosed as inoperable but he will undergo radiation/chemo.

 Could this employee potentially qualify for FML?

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  • You can take FMLA to care for a child 18 or over if the child is "incapable of self-care because of a mental or physical disability" at the time that FMLA begins. It's likely FMLA will apply in this case, because the "Incapable of self-care" can mean the child needs help with things like bathing, dressing, cooking cleaning, etc.  Treatment for a brain tumor and the symptoms of the tumor itself will probably make it difficult for the child to take care of himself.
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