Considerations for adult child care FMLA leave requests

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Department of Labor Lists Considerations For Adult Child Care Leave Requests Under FMLA

The U.S. Department of Labor has issued an “administrator’s interpretation” of factors an employer must consider when an employee requests leave to care for an adult child under the Family and Medical Leave Act (“FMLA”), including the impact of the Americans with Disabilities Act Amendments Act of 2008.

The Administrator concludes that the disability of a son or daughter may occur or manifest at any age for purposes of coverage as a “son or daughter” 18 years of age or older under the FMLA.  The Administrator goes on to opine that the expanded definition of the term “disability” will enable more parents to take FMLA-protected leave to care for their adult children with disabilities.

See the “administrator’s interpretation” here:  http://www.dol.gov/WHD/opinion/adminIntrprtn/FMLA/2013/FMLAAI2013_1.htm