02/28/2024

Utilizing FLMA for Your Adult Children

Understand the parameters around how this can be done

HR Question: One of our employees has requested FMLA leave to care for an adult child who is disabled. Do we need to allow the time off under the Family Medical Leave Act (FMLA)?

HR Answer: It can be challenging to navigate through FMLA requests like this. Employees can use FMLA for many reasons, including caring for a child with a serious health condition. However, when the child is mentally or physically disabled and 18 or older, employers may question whether FMLA still applies. You're probably not surprised to hear that the answer is, "It depends." We'll shed light on some factors to consider as you strive to assess an employer’s obligation to grant FMLA time off under such circumstances.

Understanding FMLA Eligibility

FMLA is designed to provide job-protected leave for eligible employees facing certain family or medical situations. To determine if an employee is entitled to FMLA leave, several factors come into play. The U.S. Department of Labor (DOL) provides a detailed FMLA Employer’s Guidewalking you step-by-step through the process of determining eligibility, notification requirements, qualifying reasons for leave, recordkeeping requirements and more.

Please select this link to read the complete article from Clark Schaefer Strategic HR.