Children over 18

GLC

I need some clarification on the FMLA rule regarding children over 18 being covered under FMLA when the child is "incapable of self-care" due to a mental or physical disability. Would this be a mental or physical disability that the child was born with? We have an EE who has a 41 year daughter who has breast cancer. The cancer has now spread to the brain. The daug had surgery last week to remove a couple of tumors. She still has 3 left that will be treated with radiation. The daug was sent home from the hospital. Our EE said the daug can bathe herself but obviously cannot work. The EE has been staying with her to make sure she is ok. I sent the EE FMLA papers for the doc to determine if the daug has a physical disability and not capable of caring for herself. Do you think this situation would fall under "incapable of self care" due to physical disability, given the child was not born with the disability?

Irie

In my opinion this would qualify for FMLA for the mother however, let the doctor complete the paperwork and see what it says. It sounds like the daughter could benefit from the presence of the mother if for no other reason than psychological comfort. There may also be doctor visits for the daughter and she may not be capable of driving in her condition. But see what the doctor concludes and then go from there.