U.S. DEPARTMENT OF LABOR ISSUES GUIDANCE AS TO FMLA LEAVE TO CARE FOR AN ADULT CHILD

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On January 14, 2013, the United States Department of Labor, Wage and Hour Division (“WHD”) issued Administrator’s Interpretation No. 2013-1 (the “Interpretation”) in order to provide clarification of the definition of “son” or “daughter” under the Family and Medical Leave Act (“FMLA”) as it applies to an individual 18 years of age or older.

The Administrator’s interpretation resolves this issue by determining that the age of the onset of the disability is irrelevant to the determination of whether an individual is considered a “son” or “daughter” under the FMLA (i.e. the disability of the son or daughter does not have to have occurred or been diagnosed prior to the age of 18.) The onset of a disability may occur at any age for purposes of the definition of a “son” or “daughter” under the FMLA.

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