Can my employee use CFRA or FMLA to care for her adult, drug-addicted son, who refuses to go through a rehabilitation program?

In general, the California Family Rights Act (CFRA) and Family and Medical Leave Act (FMLA) are available to parents to care for their children with serious health conditions. The CFRA broadly defines "child" without drawing a distinction based on them being minor or adult children. The FMLA, however, is more limited, only covering adult children (age 18 or older) when they are “incapable of self-care because of a mental or physical disability.”

For FMLA purposes, this means that the parent qualifies to take leave if the adult child is unable to care for their own basic medical, hygienic or nutritional needs or safety, or is unable to transport themselves to the doctor. These are considered major daily