Employer Violated FMLA by Denying Employee Leave to Care for Adult Daughter

December 11, 2019

A federal court has found that an employer improperly denied an employee’s request for Family and Medical Leave Act (FMLA) leave to care for her adult daughter.Employee requested FMLA leave to care for her 31-year-old daughter following the daughter’s surgery.About a month later, the employer told the employee that her FMLA request was denied since her daughter was over 18 years old.The Court agreed with the employee that employee was entitled to FMLA leave to care for her adult daughter because she submitted medical documentation showing that she was incapable of self-care. Before employers deny FMLA leave to an employee, we recommend they contact SESCO to ensure such a decision is compliant with the FMLA.