In Rucker v. Lee Holding Co., 471 F.3d 6 (CA 1 2006), the court of appeals for the first circuit held that the complete separation of an employee from his employer for a period of years does not prevent the employee from counting earlier periods of employment toward satisfying the 12-month requirement. In essence, an [...]

Regulations to the FMLA indicate that such leave can be taken under the FMLA if the adult child is incapable of self care. 29 C.F.R. section 825.113(c)(1) and (2). (c) Son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, [...]