Definition of Copyright Issues

Department of Labor Issues Guidance on Definition of Adult Child for FMLA Leave  December 2, 2013 – 12:43 pm
AAPS Newsmagazine 1.0.15

The Family and Medical Leave Act (“FMLA”) is one of the more challenging laws that human resource professionals are forced to deal with.  Among other things, it allows eligible employees to take up to 12 weeks of unpaid, job-protected leave to care for a spouse, child, or parent suffering from a serious health condition.  The FMLA defines “child” as a son or daughter who is: (A) under 18 years of age; or (B) 18 years or older and incapable of self-care because of a mental or physical disability.  (Note: This development, as well as other complex areas of the FMLA, will be discussed at the FMLA Master Class in Springfield on Wednesday, February 6.  Additional information about this Master Class is at the end of this Client Alert.)

In 2001, the U.S. Court of Appeals for the First Circuit settled the law in this area for Massachusetts employers.  In Navarro v. Pfizer, Inc., the First Circuit ruled that Pfizer had interfered with an employee’s right to FMLA leave when it had denied her request to take FMLA leave to care for her adult daughter, who had been confined to bed for the last three months of her pregnancy.  In January, the U.S. Department of Labor issued guidance in the form of an Administrator’s Interpretation (“AI”) that further clarified this area of the law and made it clear for the rest of the country that FMLA leave is available for parents who want to care for their adult children if the individual is disabled and suffering from a serious health condition.

Source: Skoler, Abbott & Presser, P.C.

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