FMLA Leave for Adult Son or Daughter
The following criteria must be met for an employee to be absent under FMLA for the serious health condition of a son or daughter who is 18 years of age or older.
Step 1. The employee must be eligible for FMLA.
The employee must have worked for The University a minimum total of
12 months (an aggregate period of time) and in the most recent 12
months have physically worked 1250 hours (these hours do not include
absences for sick leave, vacation, holidays, comp time).
Step 2. The son or daughter must have a defined relationship
with the employee.
The son or daughter of the employee is a biological, adopted or foster
child; stepchild; legal ward or child of a person (University employee)
standing in loco parentis.
The department may require the employee to provide reasonable documentation or statement of family relationship. This documentation may take the form of a simple statement from the employee, or a child's birth certificate, a court document, etc.
Step 3. The son or daughter must be “incapable of self-care because of mental or physical disability”. A department may request an employee to provide documentation of the son or daughter’s physical or mental condition to determine eligibility as an adult.
The department may require the employee to provide documentation using the form (doc) as it relates to the adult son or daughter to evaluate.
29CFR 825.113.c “Incapable of self-care"...... and
29CFR 1630.2(h), (i) and (j) "Physical or mental disability".......
Step 4. The son or daughter must have a serious health condition as defined by FMLA below requiring the employee to be absent to provide care.
A Department of Labor Health Certification Form should be completed by the son or daughter’s treating practitioner to assist in determining if the condition meets the FMLA criteria of a serious health condition. The serious health condition does not have to be the same condition designating the individual as “incapable of self care . . .”
29 CFR 825.800 Definitions. “Serious health condition entitling an employee to FMLA leave
Step 5. The employee must identify with the department the need for leave, type and period required.
A Department of Labor Health Certification Form may be completed to assist in determining need for care, type and period of absence required.
Step 6. The employee is required to attempt to arrange with the department a schedule of absences that minimally impacts the department.
Step 7. Payment during an employee’s absence.
FMLA Family Caregiving Leave.
Family Caregiving Leave: An employee’s absence qualifying as Family Caregiving
Leave is payable using the employee’s accrued sick leave. The maximum usage per year of Family Caregiving Leave includes the current calendar year allowance of up to 40 hours (pro-rated for part-time), as well as any unused allowance from the previous calendar year, up to 80 hours in total (pro-rated for part-time) for the care and necessary attention of ill or injured members
of the employee's immediate family (including a son or daughter as
defined above in the FMLA definition).
FMLA Vacation.
Vacation: A P & S, Merit Supervisory Exempt or Confidential, SEIU
or faculty employee may utilize accrued vacation if Family Caregiving Leave
is not appropriate or following exhaustion of Family Caregiving Leave. Merit
staff covered by the bargaining agreement must remain in paid status
during FMLA and may “bank” up to two weeks vacation accruals.
FMLA Unpaid Leave.
Unpaid Leave: Unpaid leave is available to employees when above accrued
leaves are exhausted or do not apply as indicated above. P & S employees
and Faculty may choose unpaid leave regardless of eligibility for
paid leave.
Examples of FMLA absences for adult son or daughter:
Key criteria in determining FMLA eligibility is highlighted.
-
A full time employee who has not been absent in the last 12 months and has worked for the University since 1990 has a biological son who is 25 years of age with mental retardation. The permanent cognitive limitations of the mental retardation require the young man to receive supervision and training in activities of daily living-cooking, shopping, and paying bills. The young man is in supported employment in the community receiving work and home assistance from local service agencies. The young man is admitted to the hospital for double hernia surgery and remains in the hospital for four days. Your employee needs to be absent from work for all four days to interface with the medical specialists regarding care and treatment decisions.
-
A full time employee, employed by the University since 2000 has used several weeks of vacation but no other absences during the last 12 months. The employee adopted a 3 year old girl 32 years ago. This now adult daughter has been diagnosed with Multiple Sclerosis, MS. The MS limits the daughter’s ability to conduct bathing, dressing and hygiene activities of daily living and permanently restricts her from walking and driving. The MS, a chronic health condition, requires monthly medical appointments/treatment. The employee is needed to drive the daughter to the medical appointment each month.