FMLA / Adult Child
Hello, I am getting very differing responses elsewhere on this so am seeking your help.<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />
A parent may qualify for FMLA leave to care for a child. A child is defined as a “son or daughter" as "biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is (A) under 18 years of age; or (B) 18 years of age or older and incapable of self-care because of a mental or physical disability."
In my situation the employee’s biological child is an adult. The employee has physician documents stating the child is/will be unable to take care of herself or be able to perform basic daily duties without assistance for 3 to 4 weeks. (This is after an extended hospital stay.)
I have been adamantly told that this doesn’t qualify for FMLA leave for the parent and others telling me it should. Yet my interpretation of the FMLA text seems to imply that it should qualify for FMLA leave -- unless there is more in the FMLA text somewhere defining what the “mental or physical disability” is or has to be?? (Such as the mental or physical disability must be something like downs syndrome or autistic or cerebral palsy, etc) Otherwise, it seems as though the child’s physical disability would qualify for the short term.
Help? Link to the full text? Anybody dealt with this before and what is your company’s policy?