What counts as a disability for FMLA leave purposes?

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The FMLA regulations adopt the Americans with Disabilities Act (ADA) definition of disability as a physical or mental impairment that substantially limits a major life activity, as interpreted by the Equal Employment Opportunity Commission (EEOC), to define “physical or mental disability.”

If an adult son or daughter is “incapable of self-care” due to a disability, he or she will meet the FMLA definition of a son or daughter for whom an eligible employee may take leave.


October 2018

Tags: Use of FMLA leave to care for a son or daughter age 18 or older

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