Legal Question in Medical Leave in Illinois
FMLA and an adult child
My son is 28 years old and has recently been diagnosed with Hodgkin�s lymphoma. He plans to work until the chemotherapy proves debilitating. His wife works in order to make ends meet. I work the afternoon shift, and am ready to do whatever it takes to help care for my son when he needs that care. My plan is to be there during the day until his wife returns home from work, which will cause me to report late to my job. Based on this, I have applied for FMLA and was denied on the basis that he is an adult. Please explain to me the difference between being granted FMLA in order to care for an aged parent but not to care for your own child?
1 Answer from Attorneys
Re: FMLA and an adult child
Unfortunately, the FMLA does exclude care for children over the age of 18 unless that individual is incapable of self-care. I have not researched this section of the law to understand the reasoning behind its passage in comparison to aged parents. However, given the "incapable of self-care" exception, I expect it relates to the expectation that a person over 18 is capable of caring for one's self and does not need assistance. Thus, if your son's situation is different, you should bring that to the attention of your company's HR office.
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