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

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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