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The Department of Labor (DOL) this month released a new fact sheet on Family and Medical Leave Act (FMLA) leave to care for an adult child, stepchild, adopted child, legal ward or someone for whom the employee stands in loco parentis. In a nutshell, here is the answer:
In general, an employee may not take FMLA leave to care for a son or daughter who is 18 years of age or older. However, an employee may take FMLA leave to care for a biological, adopted, or foster child, a stepchild, a legal ward, or a child to whom the employee stands in loco parentis, who is 18 years of age or older and incapable of self-care because of a mental or physical disability at the time that FMLA leave is to commence.
The full fact sheet is available on the Web section for the Wage and Hour Division (WHD).
