Fmla

I have been told by our HR Dept. that one of my staff is uneligible for the FMLA because her son is 39. He was in a very serious car accident and is unmarried, with no family where he lives. His injuries are so serious that he may have permanent disability. I was told that her son must be mentally or physically disabled to be able to use this leave. He is definitely disabled now with his current injuries and remains in the ICU. Once he gets out of the hospital, he may need assistance due to his serious injuries. Could the FMLA come into play in this situation, and if yes, what would be the requirements?

Thank you so much for your assistance with this.