Human Resources

My 20-year-old daughter has been put on bed rest because of her high risk pregnancy. I am the only one available to care for her. Can I take FMLA leave for this reason?

Maybe. In order to take FMLA leave to care for your adult daughter, she must be incapable of self-care due to a disability and you must be needed to care for her because of a serious health condition. While any incapacity due to pregnancy will be a serious health condition for FMLA purposes, pregnancy itself is not a disability. However, pregnancy-related impairments may be considered disabilities if they substantially limit a major life activity.

If your daughter has a pregnancy-related impairment, such as pregnancy-related sciatica, that substantially limits one or more of her major life activities, such as walking or lifting, then she has a disability. If she is incapable of self-care due to that disability (e.g., she needs active assistance in cooking, cleaning, and shopping), then she qualifies as an adult daughter under the FMLA. In such circumstances, assuming you are an eligible employee, you will be able to take FMLA-protected leave if you are needed to care for her.


October 2018

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