No. Although your daughter has a disability, she is not currently incapable of self-care because of that disability. Her ability to care for herself (i.e., her ability to independently perform activities of daily living) means she does not qualify as a “daughter” for leave purposes under the FMLA. Even if your daughter suffers from a brief period of incapacity and receives inpatient care for a night due to the car accident and therefore has a serious health condition under the FMLA, you would not be entitled to FMLA leave to care for her as she does not meet the FMLA definition of a “daughter.”
October 2018
Tags: use of FMLA leave to care for a son or daughter age 18 or older