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| Family and Medical Leave Act Discussion Post your FMLA related questions in this forum. |
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#1
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We have an employee who is qualified under FMLA and has an adult child having cancer-related problems and another whose adult daughter has an infant that has serious medical problems. Both mothers want to be with their child for treatments and hospitalizations.
Under FMLA, since these children are over 18 and were on their own, are we required to allow the parents time off under FMLA for these medical conditions? Not sure how to interpret the ADA related language part of the FMLA. While we have tried to make allowances, they are continuing to miss work and will be running into attendance problems. |
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#2
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The law defines "son or daughter" in part as one who is under age 18, or age 18 or older and incapable of self-care because of a mental or physical disability. "Incapable of self care" is defined as an individual who needs active assistance or supervision in more than two "activities of daily living.
I have condensed it some however you can refer to the exact section under FMLA101(12) and 825.113(c)(1). |
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