Additionally, the employer must determine whether the adult child has a “serious medical condition,” which the FMLA defines as an illness, injury, impairment or physical or mental condition that requires inpatient care or continuing treatment by a health care provider. For practical purposes, many impairments will satisfy both the ADAAA's expanded definition of disability and the FMLA's definition of a serious health condition. In our example, gestational diabetes likely will meet both definitions.
Q: What determines whether an employee is “needed” to care for an adult child?
A: Generally speaking, if an adult child of an employee is considered disabled and unable to care for his own basic medical, hygienic or nutritional needs, that employee should be considered “needed” to provide care.
PAULA BURKES, BUSINESS WRITER