Employees are now eligible to take FMLA-protected leave to care for adult children with disabilities regardless of when the child’s disability began. FMLA generally entitles an employee to take up to 12 weeks of unpaid, job-protected leave during a 12-month period to care for a child with a disability who is in need of assistance but is incapable of caring for him or herself. The clarification was included in an Administrator’s Interpretation released by the Department of Labor’s Wage and Hour Division. Prior to the AI, it was unclear whether FMLA-protected leave was available if the child became disabled after reaching the age of 18.
The entire Administrator’s Interpretation may be found here: Administrator’s Interpretation No. 2013-1 .
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