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Your Child Turned 18. Your Right to Care Leave Did Not Expire

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“She is 24.  Leave to take care of her does not apply anymore.”

Some version of that sentence comes up whenever a grown son or daughter gets seriously sick.

Wrong.

Why So Many People Believe It

The belief comes from federal law.  The Family and Medical Leave Act, FMLA, covers caring for an adult child, 18 or older, only when a disability leaves that child unable to handle self-care as the leave starts.

That is a narrow door.

What CFRA Covers in California

California’s rule is different, and in California, CFRA controls.

Under the California Family Rights Act, Gov’t Code § 12945.2(b)(1), a “child” includes a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a domestic partner, with no age limit.  CFRA leave covers caring for a child with a serious health condition (§ 12945.2(b)(5)(B)), and our page on family leave and disability rights for employees covers how that leave works.

What It Looks Like in Real Life

  • Your 30-year-old is hospitalized after surgery: CFRA can cover your leave to care for them, even when FMLA does not.
  • Your adult daughter has a serious pregnancy complication: CFRA’s pregnancy exclusion applies to an employee’s own condition, not to caring for a family member, so care leave can still apply.
  • Your employer has five or more employees: CFRA can reach you, while FMLA reaches only larger employers.

The Conditions That Still Apply

Eligibility still matters.  CFRA generally requires more than 12 months of service and at least 1,250 hours in the prior 12 months, and the leave runs up to 12 workweeks in a 12-month period (§ 12945.2(a)).

Your employer can also ask for a certification from the health care provider of the person who needs care (§ 12945.2(i)).

Do not let a birthday decide your leave rights.  Ask for CFRA leave by name.

Contact Michael Trust Law, APC for a no-charge initial consultation.  The facts determine whether you have a claim – and how much of a conversation that takes.

This post shares general information based on common patterns I see in California workplaces.  It is not legal advice, does not create an attorney-client relationship, and outcomes depend on specific facts – no lawyer can guarantee a result.  Past results do not guarantee or predict future outcomes.  AI may have been used to create this post.  All content reviewed by a CA attorney before publication.