FMLA and Adult Children: New DOL Interpretation

Source: Maureen Minehan, Employment Alert, Vol. 30 no. 4, February 25, 2013
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You have an employee with a 30-year-old who daughter just gave birth to her first child. The daughter is struggling with postpartum depression and your employee wants to take leave under the Family and Medical Leave Act (FMLA) to be with her. It’s not a good time for you to be shorthanded. Do you really need to grant permission for your employee to take care of her adult daughter? A new “Administrator’s Interpretation” released by the U.s. Department of Labor (DOL) on January 14th aims to make the answer clearer to employers. …The expanded definition of disability under the ADAAA means more employees will qualify for FMLA leave to care for adult children… In cases where employers believe employees don’t qualify, employers need to be ready to defend their decisions…