Frequent PostalReporter.com contributor Don Cheney wanted to remind everyone about Department of Labor expanding the definition of “son or daughter” under FMLA

The following is an abstract of Department of Labor’s “Administration’s Interpretation NO. 2013-1” issued January 14, 2013-1

FMLA: The Department of Labor has expanded the definition of “son or daughter” under the Family and Medical Leave Act:

It is the Administrator’s interpretation that the disability of a son or daughter may occur or manifest at ANY age for purposes of coverage as a “son or daughter” 18 years of age or older under the FMLA. Moreover, because the FMLA’s definition of an adult “son or daughter” relies upon the ADA’s definition of “disability” as interpreted by the EEOC, the broad changes to the definition of “disability” set forth in the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) and its implementing regulations are applicable to the definition of an adult son or daughter under the FMLA.

The ADAAA’s expanded definition of the term “disability” will enable more parents to take FMLA-protected leave to care for their adult sons and daughters with disabilities provided that such adult children are incapable of self-care due to their disability and their parents are needed to care for them due to their serious health condition.

Example: An employee’s 37-year old daughter suffers a shattered pelvis in a car accident which substantially limits her in a number of major life activities (i.e., walking standing, sitting, etc.). As a result of this injury, the daughter is hospitalized for two weeks and under the ongoing care of a health care provider. Although she is expected to recover, she will be substantially limited in walking for six months.

If she needs assistance in three or more activities of daily living such as bathing, dressing, and maintaining a residence, she will qualify as an adult “daughter” under the FMLA as she is incapable of self-care because of a disability. The daughter’s shattered pelvis would also be a serious health condition under the FMLA and her parent would be entitled to take FMLA-protected leave to provide care for her immediately and throughout the time that she continues to be incapable of self-care because of the disability.

U.S. Department of Labor
Wage and Hour Division (WHD)
Administrator’s Interpretation No. 2013-1
January 14, 2013