An individual will be considered “incapable of self-care” for FMLA leave purposes if he or she requires active assistance or supervision in three or more activities of daily living (ADLs) or instrumental activities of daily living (IADLs).
The FMLA regulations include the following as examples of “activities of daily living”:
- Caring appropriately for one’s grooming and hygiene
- Bathing
- Dressing
- Eating
The FMLA regulations provide the following examples of “instrumental activities of daily living”:
- Cooking
- Cleaning
- Shopping
- Taking public transportation
- Paying bills
- Maintaining a residence
- Using telephones and directories
- Using a post office
These lists of ADLs and IADLs are not exclusive and determinations of whether an individual is “incapable of self-care” may include consideration of additional activities such as needing assistance with medication management. Each determination is fact-specific and must be made based on the individual’s condition at the time of the requested leave. The determination must be based on all relevant factors that might impact the ability of the individual to perform ADLs or IADLs without active assistance or supervision, including, for example, the current effect of an impairment that may be episodic in nature.