The Wage and Hour Division (WHD) of the US Department of Labor has provided an Administrator’s Interpretation of the terms “son” and “daughter” as they apply to the Family and Medical Leave Act (FMLA). It is important to have clarification of these terms, because they are defined beyond the traditional scope of parent and child relationships. The clarification of these terms ensures that an employee who assumes the role of caring for a child receives parental rights to family leave regardless of the legal or biological relationship.
The WHD concluded that either day-to-day care or financial support may establish an in loco parentis (in place of parent) relationship where the individual intends to assume the responsibilities of a parent with regard to a child. However, all cases are different and whether an employee stands in loco parentis to a child will depend on the particular facts of that case.
In addition to in loco parentis, an aunt or uncle who is caring for their young niece or nephew when their single parent has been called to active military duty may exercise their right to family leave. Likewise, a grandparent who assumes responsibility for their sick grandchild when their own child is debilitated will be able to seek family and medical leave from their employer. The final clarification is in regards to an individual who intends to share in the supporting 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.
Understanding the Family and Medical Leave Act can be a challenge, but it is important for both employers and employees to grasp the scope of the law and how it can and cannot be used. For a further clarification of terms, HR Made Simple Users should log in and search “Son and Daughter in the Family and Medical Leave Act.” For relevant documents, visit HR Resources Now.