The EEOC’s regulations implementing the ADAAA provide that certain impairments will virtually always qualify as disabilities because, by their very nature, they substantially limit at least one major life activity. These impairments include deafness, blindness, intellectual disability, missing limbs or mobility impairments requiring the use of a wheelchair, autism, cancer, cerebral palsy, diabetes, epilepsy, multiple sclerosis, Human Immunodeficiency Virus (“HIV”) infection, muscular dystrophy, major depressive disorder, bipolar disorder, post-traumatic stress disorder, obsessive compulsive disorder, and schizophrenia.
An individual who has any of these impairments would qualify as an adult “son or daughter” under the FMLA if he or she is also incapable of self-care because of the disability.
October 2018
Tags: use of FMLA leave to care for a son or daughter age 18 or older