On January 14, 2013, the U.S. Department of Labor's Wage and
Hour Division ("WHD") issued guidance to clarify the
definition of an adult "son or daughter" (18 years of age
or older) under the Family and Medical Leave Act
For an employee to be eligible for FMLA leave to care for his or
her adult son or daughter, the son or daughter must:
Have a disability as defined by the Americans with Disabilities
Be incapable of self-care due to his or her disability;
Have a serious health condition; and
Be in need of care due to the serious health condition.
The WHD's Guidance clarifies three main points.
The age of onset of a son or daughter's disability is
irrelevant when determining the parent's entitlement to
While the broader definition of "disability" under
the Americans with Disabilities Act Amendments Act of 2008 applies
to FMLA leave for an adult son or daughter, the individual must
also be incapable of self care at the time the employee commences
FMLA leave available to employees whose child becomes disabled
during military service may be expanded if the injury has a lasting
Thus, the determination of whether an employee is eligible for
leave to care for an adult son or daughter is a fact-specific
inquiry that depends on the individual's condition at the time
the employee commences leave.
Employers should consider this guidance when presented with an
FMLA leave request from an employee. Given the complexity of these
requirements, employers who need assistance should contact
Sylvia Dahlby, a "purveyor of talent acquisition, staffing management and recruiting business solutions" in Hawaii, commented below on our posts about "lookism," beauty bias, appearance bias, and obesity.
Over $2 million, along with "a very strong consent decree," is the price of settlement of an EEOC same sex sexual harassment (and retaliation) lawsuit action against a New Mexico car dealership on behalf of over 50 men.
Recently issued final regulations on the employer reporting requirements under the Affordable Care Act clarify and streamline the process for reporting information relating to the provision of minimum essential coverage and health insurance coverage offered under employer-sponsored plans.
I read with interest a recent post by Michael Kun in the Epstein Becker wage hour blog concerning (non-exempt) employees seeking payment for and/or suing for compensation for time spent checking and responding to emails and utilizing other PDAs on (ostensibly) Company business after business hours and on weekends.
On November 2, 2012, we reported that a federal court in Michigan had enjoined the application of the rule of the Patient Protection and Affordable Care Act that would have required a "secular, for-profit, family owned and operated corporation" owned by a practicing Catholic to provide employee health insurance that covers contraception.
President Obama Issues Initiative to Expand Overtime Pay
On March 13, 2014, President Barack Obama requested that the Labor Department issue rules that greatly expand the number of workers who will be eligible to receive overtime pay.