New Family and Medical Leave Act Guidance for Families of Adult Children with Disabilities

Families now have clarification on when parents may use leave to care for an adult child with a mental or physical disability.

On January 14, 2013, the Wage and Hour Division of the Department of Labor issued additional guidance to help employers determine eligibility of employees to take leave under the Family and Medical Leave Act (FMLA) when the employee has an adult child with a mental or physical disability incapable of self-care due to a serious health condition.

Generally,  entitlement to FMLA leave ends when a child is 18 years old. “Incapable of self-care” means that the individual requires active assistance or supervision to provide daily self-care in three or more of the “activities of daily living” or “instrumental activities of daily living.”

The Department of Labor has provided a “Fact Sheet” and a list of “Frequently Asked Questions” to provide guidance to families, their employers, and the parent who is considering taking leave:

• Fact Sheet for Adult Children under FMLA
• Frequently Asked Questions about FMLA to care for adult child age 18 or older