Is autism covered under FMLA?

Is autism covered under FMLA?

FMLA recognizes that there are many illnesses, impairments, disabilities and physical or mental conditions which can qualify as serious health conditions. Autism, many chronic or long-term physical illnesses, and many psychiatric and developmental disabilities fall within the law’s coverage.

Who grants FMLA leave?

An employee is eligible for FMLA leave only if the employee meets all three of the following eligibility requirements: “(1) Has been employed by the employer for at least 12 months, and (2) has been employed for at least 1,250 hours of service during the 12-month period immediately preceding the commencement of the …

Who is entitled to FMLA leave to care for a child?

As we know, an employee is entitled to FMLA leave to care for a child with a serious health condition. Under the regulations, “child” is defined as a son or daughter who is: 1) under the age of 18; or 2) age 18 or older and “incapable of self-care because of a mental or physical disability” at the time that FMLA leave is to commence.

When to deny FMLA leave to care for disabled adult?

If one of your eligible employees requests FMLA leave to care for a disabled adult son or daughter, remember that the age at which the child’s disability began is irrelevant. You should evaluate the request and decide to grant or deny it based on careful consideration of relevant criteria.

How old do you have to be to get FMLA for disabled child?

Some of the DOL’s previous interpretation letters suggested that an adult son or daughter must have become disabled before the age of eighteen in order for a parent to qualify for FMLA leave.

Can a 18 year old take FMLA leave?

The definition of disability is used for FMLA purposes as part of the determination of whether an individual who is 18 years of age or older is a “son or daughter.” In order to take FMLA leave to care for a son or daughter who is 18 years of age or older, the adult child must have a disability and be incapable of self-care due to that disability.

Can a parent take FMLA to care for a disabled child?

The administrator concluded that parents who are eligible employees of covered employers are entitled to take FMLA leave to care for an adult child who is disabled or has a serious health condition without regard to the child’s age when the disability began.

If one of your eligible employees requests FMLA leave to care for a disabled adult son or daughter, remember that the age at which the child’s disability began is irrelevant. You should evaluate the request and decide to grant or deny it based on careful consideration of relevant criteria.

What does son or daughter of covered servicemember mean under FMLA?

Yes. Under the FMLA for military caregiver leave, a “son or daughter of a covered servicemember” means a covered servicemember’s biological, adopted, or foster child, stepchild, legal ward, or a child for whom the employee stood in loco parentis, and who is of any age.

When to take FMLA leave for a family condition?

The FMLA gives employees the right to take time off for their own serious health conditions, to care for a family member with a serious health condition, to bond with a new child, and for military family leave. Eligible employees may take FMLA leave for their serious health condition (or to care for a family member with a serious health condition).