U.S. Adopts Expansive Interpretation of “Son or Daughter” for FMLA Purposes

In the U.S., the Department of Labor recently issued an interpretive guidance on the meaning of “son or daughter” in the Family and Medical Leave Act. The FMLA guarantees covered employees up to twelve weeks of leave to bond with or care for a “son or daughter.” The law clearly applies to biological parents, adoptive parents, foster parents and court-appointed legal guardians. The question before the Department of Labor was whether someone who has neither a biological nor a legal relationship to a child may nonetheless be a parent for FMLA purposes. 

The guidance points out that the statute also applies to “a person standing in loco parentis” to a child. This relationship, the DOL stated, extends to an employee who “intends to assume the responsibilities of a parent with respect to a child,” which could be established by “either day-to-day care or financial support.” Thus, a child’s grandparent, or the unmarried or same-sex partner of a child’s parent, can qualify for FMLA leave. If you have employees in other countries, be aware that paternity rights vary widely from country to country.