An eligible employee’s daughter has been diagnosed with cancer at age 19. The daughter’s cancer would meet the Americans with Disabilities Act’s definition of disability. Even if the daughter’s cancer goes into remission, it will continue to meet the ADA’s definition of disability because the active condition substantially limits a major life activity—normal cell growth.
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In order for her parent to qualify for FMLA leave, the following conditions must be met:
(1) The cancer must cause the daughter to be incapable of self-care (based on her condition at the time the FMLA leave commences),
(2) The daughter must have a serious health condition under the FMLA (related to the cancer or not), and
(3) The parent must be needed to care for the daughter because of the serious health condition.