ADAAA and FMLA
The Americans with Disabilities Act Amendments Act of 2008 (ADAAA) was signed into law on
September 25, 2008 and significantly broadened the scope of the term "disability" under the Americans
with Disabilities Act (ADA). Because the FMLA’s definition of an adult son or daughter relies upon
the ADA’s definition of disability as a mental or physical impairment that substantially limits one or
more major life activities, the changes to the definitions of these terms in the ADAAA and its
implementing regulations may affect who is determined to be a son or daughter 18 years of age or older
under the FMLA. The ADAAA’s expanded definition of the term "disability" will enable more eligible
employees to take FMLA protected leave to care for their adult sons and daughters with disabilities
provided that such adult children are incapable of self-care due to their disability and their parents are
needed to care for them due to their serious health condition.