Legal Question in Medical Leave in California
FMLA Adult Child eligibility
My son was diagnosed with a severe mental illness at the age of 20 and is disabled and incapable of self-care within the guidelines of ADA and I have the certification as such. According to my employer I am not eligible for FMLA because he became ill after the age of 18. Are they right in their denial of my FMLA?
3 Answers from Attorneys
Re: FMLA Adult Child eligibility
Assuming that the employer meets the FMLA requirements -- over 50 employees, etc., it looks like your son's condition would qualify you for coverage under the law:
See the following opinion letter:
http://www.dol.gov/esa/whd/opinion/fmla/prior2002/FMLA-51.htm
Also, the definition of "incapable of self care" is here:
http://a257.g.akamaitech.net/7/257/2422/12feb20041500/edocket.access.gpo.gov/cfr_2004/julqtr/pdf/29cfr825.113.pdf
Good luck.
Re: FMLA Adult Child eligibility
Your son's age has nothing to do with your eligibility. Your employer needs to speak to a lawyer or get proper training about FMLA eligibility.
Re: FMLA Adult Child eligibility
His age is not in issue. You are entitled to leave to care for emergency or critical problems, for limited periods upon proper request. If they can not be convinced to allow the appropriate FMLA leave, then you have grounds for legal action. Feel free to contact me if you need the help of counsel in this.
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