In January 2013, the Department of Labor clarified its definition of “son or daughter.” Now eligible employees may take leave under the Family and Medical Leave Act to care for an adult child who is incapable of self-care because of a mental or physical disability, regardless of how old the child was when the disability began. The FMLA regulations use the amended Americans with Disabilities Act’s expanded definition of “disability,” which is to be construed in favor of broad coverage. The result of this recent clarification is that there will likely be an increase in the number of adult children who qualify as “disabled” and incapable of self-care, for whom parents may take FMLA-protected leave.
Contact us for more information if you have questions about your obligations under the Family and Medical Leave Act.
