Legal Question in Medical Leave in Virginia
I applied for FMLA to care for my 39 year old dissabled son and was denied. He had surgery and will not be able to leave his bed for several weeks. He has lived with me most of his life. He lived out side my home breifly about ten years ago. He is on SSI and Medicaid. The reason that I was denied was because he has not lived with me all his life.
thank you,
Sharon Johnson
1 Answer from Attorneys
Title 1---General Requirements For Leave
Sec. 101. DEFINITIONS
(12) SON OR DAUGHTER---The term "son or daughter" means a biological,
adopted, or foster child, a stepchild, a legal ward, , or a child of a person
standing in loco parentis, who is---
(A) under 18 years of age, or
(B) 18 years if age or older and incapable of self-care because
of a mental or physcal disability
The FMLA statute as quoted above says nothing about a son or daughter
as described in subsection B as having had to have resided with the parent who is requesting the leave in his or her behalfall of the son or daughter's adult life.
Consequently, you may wish to consider consulting with an attorney who
is familiar with this federal law to discuss bringing a possible enforcement action
in state or federal court or filing a complaint to request an investigation
by the Secretary of Labor as outlined in SEC. 107 of the FMLA.
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