Best Practices: FMLA Leave to Care for an Adult Child

Franczek P.C.

Perhaps it's just me, but I recently have received several calls from clients inquiring about an employee's right to take FMLA leave to care for an adult child (i.e., age 18 or older). Some examples include: Can a grandparent take FMLA leave to care for her daughter after the birth of her baby? Or can an employee take leave to care for an adult child suffering from depression? The answer is not always an easy one. What are an employer's obligations when an employee seeks leave under the Family and Medical Leave Act to care for an adult child? (I apologize in advance for the length of this post, but I hope it's worth the read.)

First, let's reacquaint ourselves with the law and regulations on point. As we know, an employee is entitled to FMLA leave to care for a child with a serious health condition. Under the regulations, "child" is defined as a son or daughter who is: 1) under the age of 18; or 2) age 18 or older and "incapable of self-care because of a mental or physical disability" at the time that FMLA leave is to commence.

Please see full article below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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