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I have a 22 yr old child that's in the hospital with a serious and potentially fatal illness. My work is saying I can't use FLMA because he is over 18. I looked all over and didn't see an age limit. Is this legal for them to do? Is there an age limit, that I'm not finding? Thank you!
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The FMLA, specifically Title 29, United States Code Sec. 2611(12) defines son or daughter to include a biological, adopted or foster child, a stepchild, or a legal ward only if they are under 18 years old, or, are unable to care for themselves due to a mental of physical disability. Therefore, your employer is correct that there is an age limit. I think the next question is whether your child is incapable of self-care due to physical disability. At the moment, he or she is hospitalized and care is being provided. However, if your child is unable to care for himself/herself for some period of time after release from the hospital, there is a chance you might be eligible for leave on that basis. Your eligibility would probably depend on a variety of factors, however, and I recommend you discuss the issue in detail with your employer's human resources folks.
Answered on Jan 15th, 2013 at 2:05 PM