The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid leave without losing their job or group health insurance for 12 works weeks or 26 work weeks in a 12-month period, according to the U.S. Department of Labor. This includes parents of children with disabilities. But what if your child with a disability is 18 years old or older? You can still qualify for leave under the FMLA even if your child is considered an adult. 

What is Considered a “Disability” According to FMLA Regulations? 

Under the FMLA, a disability is defined as a “physical or mental impairment that substantially limits one or more of the major life activities of an individual.” This follows the same disability definition as the Americans with Disabilities Act (ADA). 

If a son or daughter needs active assistance in three or more activities of daily living and/or instrumental activities of daily living, you might be entitled to leave under the FMLA. These can include (but are not limited to):

• Bathing

• Eating

• Dressing

• Cooking

• Cleaning

• Paying bills

• Taking public transportation

Additionally, a child does not need to have been born with a disability in order for the parent to take FMLA leave. 

Qualifying Leave Under the FMLA

According to the U.S. Department of Labor, depending on your specific circumstances and criteria that are met, eligible employees are entitled to either 12 work weeks of leave or 26 work weeks of leave within a 12-month period.

Specifically, 12 work weeks of leave in a 12-month period can be taken for a variety of reasons, including (but not limited to) caring for a child with a serious health condition (which can also apply to individuals with disabilities). 

Qualification for FMLA is evaluated on a case-by-case basis. 

You can learn more about the FMLA for adult children with disabilities on the U.S. Department of Labor’s FAQ page. 

Enabling Technology with SimplyHome

SimplyHome designs and installs innovative and affordable technology solutions that transform how we care for individuals with disabilities, aging adults, and veterans. 

Our sensor-based systems can adapt over time to alleviate concerns about cooking safety, medication adherence, and the risk of wandering or falls. We work with service providers, managed care organizations (MCOs), and families to mitigate challenges. Caregivers are notified only when they are needed, promoting the highest level of independence possible for the individual.

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