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
As OSHA's enforcement relating to employee cell phone use gains more notoriety, it can be expected that it will have a significant collateral impact on law enforcement at all levels to address this hazard.
Seyfarth Synopsis: Employers in California: be aware and prepare for new laws increasing minimum wages and mandating overtime pay for agricultural employees; expanding the California Fair Pay Act to race and ethnicity and to address prior salary consideration; imposing new restrictions on background checks and gig economy workers; and more. Small employers will be relieved the Governor vetoed expanded unpaid parental leave, but it will likely return in future sessions.
Just when employers were becoming more comfortable with the complex and lengthy Form I-9, Employment Eligibility Verification that was issued in 2013, the federal government has decided to turn up the heat.
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