Caring for Adult Children: When Does FMLA Apply?

Introduction

Most parents know they can take FMLA for a sick child. But what if your child is 25? Or 40? The rules change significantly once a child turns 18.

The Age Limit Rule

Generally, FMLA leave to care for a son or daughter ends when they turn **18 years old**.

The Exception: "Incapable of Self-Care"

You CAN take FMLA leave for an adult child if they meet **BOTH** of these criteria:

1. **Serious Health Condition:** They have a condition qualifying for FMLA (same as any other family member). 2. **Disability:** They are "incapable of self-care" because of a mental or physical disability.

### What "Incapable of Self-Care" Means

The adult child requires active assistance or supervision to provide daily self-care in **three or more** of the "activities of daily living" (ADLs) or "instrumental activities of daily living" (IADLs).

**ADLs include:** Grooming, hygiene, bathing, dressing, eating. **IADLs include:** Cooking, cleaning, shopping, paying bills, using the phone.

The Disability Requirement

The disability must be a physical or mental impairment that substantially limits a major life activity (as defined by the ADA).

**Example 1 (Qualifies):** Your 22-year-old son is in a severe car accident and cannot feed or dress himself during recovery. He is temporarily disabled and incapable of self-care.

**Example 2 (Does Not Qualify):** Your 25-year-old daughter has the flu. She is sick, but not disabled under the ADA definition, so FMLA does not apply.

Documentation

You may need to provide medical certification proving BOTH the serious health condition and the disability status.

Conclusion

Caring for adult children is covered, but the bar is higher. Ensure your medical certification clearly describes their inability to care for themselves.

*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice. Nothing on this site should be taken as legal advice for any individual case or situation. Consult with a qualified employment attorney or your HR department for guidance specific to your circumstances.*