adult children

Under CFR 825-113 it states that a child is defined as " son or daughter under age 18, or age 18 and older and incapbel of self-care becuase of a mental or physicial disability"

What about children who are over 18 but still a dependent of the employee. i.e. in college, still living at home.

And if the child is an adult, do you allow parents FMLA time for the child? Seems to me if I could take time to assist with my parents who are over 18 that I could take time to assist with my child over 18.

What do you do?

Comments

  • 2 Comments sorted by Votes Date Added
  • I do just like it says - if a child is over 18, he or she has to be incapable of self care in order for the employee-parent to be eligible for time off from work under FMLA.

    I like your argument, however, that if you can take care of a parent over age 18, why not a child over 18? This would have come in handy for me when my 25-year-old daughter had her second c-section and needed me to spend a week with her to handle the transportation and lifting she couldn't do (not to mention love up the new baby and his rambunctious 18-month-old sister!)
  • There is no relationship between college aged dependants and FMLA eligible children. Some insurance policies carry children up to age 25 if still full time students. FMLA defines a dependant child as one not over 18, but if over 18 FMLA gets into the requirement for caring for the child who cannot care for himself.
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