Reasons for Leave - Definition of a Qualifying Child

Once it has been determined that the child has a mental or physical disability for FMLA purposes, the next step is to determine whether the child is incapable of self-care because of the mental or physical disability at the time that FMLA leave is requested.

Under the FMLA, an adult son or daughter is “incapable of self-care” if the individual 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). Activities of daily living include adaptive activities such as caring appropriately for one’s grooming and hygiene, bathing, dressing and eating. Instrumental activities of daily living include cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc. These lists of ADLs and IADLs are not exhaustive and additional activities should also be considered.

The determination of whether an adult son or daughter is “incapable of self-care” due to a disability is fact-specific and must be determined based on all relevant factors of the individual’s condition at the time the leave is requested, including, for example, the current effect of any episodic impairment.

Is the child incapable of self-care because of a mental or physical disability at the time that FMLA leave is requested?

• Yes
• No

Return to Reasons for Leave.

For more information on this aspect of the FMLA, see the FMLA regulations: § 825.122