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FML for child over age of 18 with cancer

44293544429354 25 Posts
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We have an employee who son was in the Armed Forces. He was brought back to the US once he was diagnosed with a brain tumor. It has been diagnosed as inoperable but he will undergo radiation/chemo.

 Could this employee potentially qualify for FML?

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  • Chicago1Chicago1 63 Posts
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    You can take FMLA to care for a child 18 or over if the child is "incapable of self-care because of a mental or physical disability" at the time that FMLA begins. It's likely FMLA will apply in this case, because the "Incapable of self-care" can mean the child needs help with things like bathing, dressing, cooking cleaning, etc.  Treatment for a brain tumor and the symptoms of the tumor itself will probably make it difficult for the child to take care of himself.
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