4 steps to decide if FMLA covers employee with adult child

Q         When does leave to care for an adult child fall under the Family and Medical Leave Act (FMLA)?

A   Leave to care for an adult child falls under the FMLA when the individual has a serious health condition rendering him incapable of self-care because of a mental or physical disability. Thus, to qualify for FMLA leave, an employee must satisfy four main requirements.

First, the employee must be a parent of an adult child. An “adult child” is either a biological, adopted, foster child, stepchild, legal ward, or a child of a person standing in loco parentis who is at least 18 years old. Persons in the latter group include those who care for and financially support the child on a day-to-day basis. A biological or legal relationship isn’t necessary.

Second, the employee’s child must have a serious health condition, which can be an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a healthcare provider. For example, restorative surgery and chemotherapy are likely to qualify as serious health conditions.

At the same time, routine physical examinations, eye checkups, dental exams, the common cold, the flu, earaches, upset stomach, minor ulcers, headaches other than migraine, routine dental or orthodontia problems, or periodontal disease don’t meet the definition of a serious health condition or qualify for FMLA leave.