Here’s a hypothetical scenario posed by a FELTG student: An adult child is involved in a car accident. The adult child will be undergoing a lengthy recovery period and, during that time, may not be capable of performing one of the activities of daily living (ADL). The prognosis is that eventually she will regain all functionality.
Is the employee/parent eligible to take FMLA for this adult child in this situation? Does the inability to perform an activity of daily living have to be permanent or could it be a temporary condition and still be covered?
FELTG’s answer:
To answer your question generally, in order to be eligible, the son or daughter (as defined by 5 CFR 630.1202) must be unable to perform at least three activities of daily living identified in the regulations, not one.
The requirements are that:
- Son or daughter over 18 must first have a disability to be covered
- Beyond that must be incapable of self-care because of the disability – requires active assistance or supervision of the parent
If there is a complete recovery, the parent may not have FMLA eligibility any longer. The adult son or daughter would have to continue to meet the definition of disabled in addition to the need for care for there to be continued coverage for the parent under FMLA.
Looking for more FMLA guidance? Join Barbara Haga this Thursday for the 90-minute webinar Deconstructing FMLA: Entitlement, Notice, and Medical Certification.
Have a question related to federal employment law? Ask FELTG.
The information presented here is for informational purposes only and not for the purpose of providing legal advice. Contacting FELTG in any way/format does not create the existence of an attorney-client relationship. If you need legal advice, you should contact an attorney.
