The U.S. Department of Labor’s Wage and Hour Division has issued a new Administrator Interpretation that expands the Family and Medical Leave Act’s (FMLA) current language to include adult children who are unable to care for themselves because of a mental or physical disability and whose disabilities occurred before or after the age of 18. The previous interpretation of the law was unclear as it applied to adult children with disabilities. This Interpretation also clarifies FMLA-protected leave for a parent is not dependent on the age of the adult child and the onset of their disability, and broadens the definition of “disability” to reflect the Americans with Disabilities Act Amendments Act (ADAAA). Ultimately, this Interpretation means that more parents will be able to take FMLA- protected leave from their jobs to care for their adult children with disabilities.
