Employers Association: DOL Clarifies FMLA Definition of "Son and Daughter"

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DOL Clarifies FMLA Definition of "Son and Daughter"

The US Department of Labor (DOL) issued Administrator's Interpretation No. 2010-3 on June 22, 2010, clarifying the definition of "son and daughter" under the Family and Medical Leave Act (FMLA) as it applies to an employee standing "in loco parentis" to the child.

The clarification acknowledges non-traditional families by ensuring that an employee who assumes the role of caring for a child receives parental rights to FMLA regardless of the legal or biological relationship. It explains that parental leave rights also extend to same-sex couples who have children.

The FMLA entitles eligible employees to take up to 12 weeks of unpaid leave during a 12-month period for the birth of a child, for the placement of a child with the employee for adoption or foster care, to care for a covered family member with a serious health condition, or for the employee's own serious health condition.

According to the DOL news release, "As the interpretation makes clear, an uncle who is caring for his young niece and nephew when their single parent has been called to active military duty may exercise his right to family leave. Likewise, a grandmother who assumes responsibility for her sick grandchild when her own child is debilitated will be able to seek family and medical leave from her employer. And an employee who intends to share in the parenting of a child with his or her same sex partner will be able to exercise the right to FMLA leave to bond with that child."

Click here for Administrator's Interpretation No. 2010-3.

Click here to read the DOL's news release.

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