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eTrends - DOL Wage and Hour Division Clarifies the Definition of "Son or Daughter" under the FMLA as it Applies to an Employee Standing "In Loco Parentis" to a Child

06.25.2010

On June 22, 2010, the U.S. Department of Labor’s Wage and Hour Division ("WHD") issued Administrator’s Interpretation, No. 2010-3, which clarifies the definition of "son or daughter" under the Family and Medical Leave Act ("FMLA") as it applies to an employee standing in loco parentis to a child. The Interpretation concludes that the applicable FMLA regulation (29 C.F.R. Section 825.122(c)(3)) does not require that an employee who intends to assume the responsibilities of a parent needs to establish that he or she provides both day-to-day care and financial support for the child. Either day-to-day care or financial support may establish an in loco parentis relationship. The WHD confirmed that a child may be the “son or daughter” of an employee who lacks a biological or legal relationship with the child for purposes of taking FMLA leave. Click here to read the full text of Administrator’s Interpretation, No.2010-3.

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Smith Anderson publishes eTrends periodically as a service to clients and friends. The purpose of this eTrends is to provide general information about a significant legal development in the field of employment law. Readers should be aware that the facts may vary from one situation to another, so the conclusions stated herein may not be applicable to the reader’s particular circumstances.

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