Determining when FMLA covers adult children

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

A   Leave to care for children over the age of 18 is FMLA qualifying if they are incapable of self-care because of a mental or physical disability. The FMLA regulations explain “incapable of self-care” means they require active assistance or supervision to provide daily self-care in several daily living activities, such as grooming, hygiene, bathing, dressing, and eating, as well as in activities such as cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, and like tasks.

Martin J. Regimbal, a shareholder with The Kullman Firm in Columbus, Mississippi, can be reached at 662-244-8825 or mjr@kullmanlaw.com.