Legal Question in Medical Leave in Georgia
FMLA for child over 18
according to our FML group, a parent can only be protected under FMLA if the child (over 18 years old) has an illness protected under ADA. Our daughter was hospitalized out-of-state (at college) for 2 weeks with an unknown illness - which turned out not to fall under ADA -- so FML was declined. Naturally we were with her for the 2 weeks but even doctors had no idea the cause of illness until the last day. As a result, we were not protected by FMLA for those 2 weeks. Are we being mislead?
1 Answer from Attorneys
Re: FMLA for child over 18
In short, yes. It is generally easier to qualify for FMLA coverage based on one's medical condition (or, in your case, your daughter's) than it is to establish a covered "disability" under the ADA. I would need additional information to determine whether your situation should have been covered under the FMLA and whether it is advisable to bring a claim against your employer. I would be happy to give you a free consultation, if you would call me at the number listed in my profile below.
This response is for informational purposes only and does not create an attorney-client relationship.
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