FMLA Employer Update

On June 22, 2010, the Wage and Hour Division of the Department of Labor, in an Administrator’s Interpretation, gave its interpretation of the definition of “son and daughter” for FMLA purposes so that an employee who assumes the role of caring for a child receives parental rights to family leave regardless of the employee’s legal or biological relationship to the child.

Examples given by the Administrator include an employee grandmother who assumes responsibility for a sick grandchild when her own child is debilitated, or an employee who intends to share parenting of a child with his or her same-sex partner and wishes leave to bond with the child. In both cases, the employee may exercise their FMLA rights.

These interpretations are provided for employer guidance and have not yet been tested in the courts.

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