Legal Question in Medical Leave in Colorado

Fmla

I have been told by our HR Dept. that one of my staff is uneligible for the FMLA because her son is 39. He was in a very serious car accident and is unmarried, with no family where he lives. His injuries are so serious that he may have permanent disability. I was told that her son must be mentally or physically disabled to be able to use this leave. He is definitely disabled now with his current injuries and remains in the ICU. Once he gets out of the hospital, he may need assistance due to his serious injuries. Could the FMLA come into play in this situation, and if yes, what would be the requirements?

Thank you so much for your assistance with this.


Asked on 9/20/07, 4:28 pm

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: Fmla

Under the FMLA parents can be eligible for FMLA leave to care for the serious health condition of their adult children. You may want to check out the DOL website, www.dol.gov and click on the link for FMLA. It has an excellent resource located there called e-laws which will guide you through the DOL's analysis of this issue.

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Answered on 9/20/07, 9:50 pm


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