Human Resources

Must my child have been disabled since birth in order to meet the FMLA definition of a “son or daughter”?

No. The age of the child at the onset of a disability is irrelevant in determining whether the child is a “son or daughter” under the FMLA. An eligible employee is entitled to take FMLA leave to care for a son or daughter with a serious health condition who is 18 years of age or older and incapable of self-care because of a disability regardless of when the disability commenced.


October 2018

Tags: Use of FMLA leave to care for a son or daughter age 18 or older