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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 19111
Experience:  B.A.; M.B.A.; J.D.
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I was denied Dependent Care FMLA on my daughter due to her

Customer Question

I was denied Dependent Care FMLA on my daughter due to her age of 23. SHe lives out of town and this was an emergency room admission which lead to three surgeries and 36 days in the hospital. She also requires assistance with recovery at home for a while. She was diagnosed with Chiari Malformation and had to have decompression surgery, she then developed a CSF leak and had to have the ventricular drain placed again and repairs. after more time in the ICU she had to undergo Brain shunt surgery due to another condition that developed. My shared service FMLA coridinator for the Postal stated that they had recieved all of the Neurosurgions completioon of the FMLA paper work but being that my daughter was over 18 I did not qualify to take time off to go out of time or to stay with her. I am with her now and am now having to be under the pressure of possibly loosing my job of 28 years. FMLA does not work in all cases. Something should be done about this provision for your children. If it had been my mother that had the same condition and is way over 18 it would have been approved. Makes no since what so ever. At a time when this law is supposed to assist you to help with your family members it is useless.
JA: OK. To minimize me, please click the down arrow at the top right corner of this box. OK. To minimize me, please click the down arrow at the top right corner of this box. Because employment law varies from place to place, can you tell me what state this is in?
Customer: Virginia
JA: Have you talked to a lawyer yet?
Customer: No, I have not had the time still out of town taking care of my daughter.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Phillips Esq. replied 1 year ago.

I am so sorry to read about your difficulties.

There is a indeed a giant loophole. If your daughter were in the military you would have indeed been allowed to take the FMLA to take care of her. Currently, the FMLA only covers children but not adult children unless the adult children are in the military. I did not actually realize this giant loophole until you asked the question and I had to go and doublecheck it! It would have seemed to a casual observer and any reasonable person that you should be able to take FMLA to take care of your ailing child whether a minor or an adult child. Your child is your family member.

Regrettably, the denial of your request for family leave under the FMLA is compliant with the Act.

You may need to bring this to the attention of your Congressional Delegation to see if they can come up with an Amendment. However, in this current political climate and very dysfunctional Congress, I doubt anything can be done at this time.

I am sorry that I do not have better news for you.

Best wishes,

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Thank you for your cooperation.

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