Caring for an Older Disabled Child

Can my employer deny me Family Medical Leave (“FMLA”)
to care for a disabled son or daughter who is older than 18 years of age??
No, if you otherwise qualify for FMLA. The federal FMLA entitles an eligible employee to take up to 12 workweeks of unpaid, job-protected leave during a 12-month period (16 weeks in any 24-month period under Connecticut FMLA) to care for a son or daughter who is 18 years of age or older and is incapable of self-care due to a mental or physical disability.

It was not clear whether if an employee could take FMLA to care for an adult, disabled son or daughter depended on whether the disability occurred before or after the son or daughter turned 18 years of age. However, just two weeks ago, the U.S. Department of Labor clarified that an otherwise eligible employee may care for a disabled, adult son or daughter regardless of when he or she became disabled.

If you think you have been unlawfully denied family medical leave or feel that you have been discriminated against for taking such leave, contact the Hayber, McKenna & Dinsmore.

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