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Adult Child Care FMLA Leave Requests

Business Insurance
January 16, 2013

Jeff Nowak was quoted in the article, "Department of Labor Lists Considerations for Adult Child Care FMLA Leave Requests," published by Business Insurance. The article discusses the U.S. Department of Labor's recent guidance on factors an employer must consider when an employee requests leave to care for an adult child under the Family and Medical Leave Act, including the impact of the Americans with Disabilities Act Amendments Act of 2008.

Jeff said the guidance “takes a broad view of disability in the same vein that the (Equal Employment Opportunity Commission) does under the ADA Amendments Act” which “has been an open question” since the law's passage.  It means “we're going to find the DOL approves, or takes the position, that a far greater number of instances should be covered by the FMLA,” he said. “I think employers will continue to struggle over how to interpret the disability prong of this test.”