Care for Adult Children under FMLA Clarified

On Jan. 14, 2013, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued an Administrator’s Interpretation (AI) clarifying the definition of “son or daughter” under the Family and Medical Leave Act (FMLA).  The guidance specifically addresses the needs for parents who request leave to care for an adult child, eighteen years of age or older, with a mental or physical disability. Also discussed in the AI is the correlation of the Americans with Disabilities Act Amendments Act of 2008 and its revised definition of disabled along with the use of FMLA leave to care for an adult child who becomes disabled after serving in the military. Furthermore, the guidance explains that the age of a son or daughter at the onset of a disability is not relevant in determining a parent’s entitlement to FMLA leave. For more information on the FMLA, visit AGC’s Labor and HR Topical Resources webpage.  The primary category is “Leave.”  The secondary category is “Family and Medical Leave Act.”