The Department of Labor has issued an administrator’s interpretation regarding the definition of a son or daughter, for the purposes of FMLA. The new interpretation provides a somewhat broader definition than many employers may typically consider. In particular, this document explicitly extends the definition to include employees who assist in raising a child but are not the biological or legal parent of that child under the principle of “Loco Parentis.” FMLA has always had a provision to accommodate individuals who stand in “Loco Parentis” but did not provide a clear definition. This new interpretation specifically addresses the applicability of this provision to same sex domestic partners.
Our position at HCP National has always been that the “Loco Parentis” provision has broad applicability and that employers should be very cautious when interpreting this provision. Call your labor attorney whenever in doubt. The new guidance from the DOL provides an expansive definition that should aid employers when making this determination.
HCP National specializes in compliance in FMLA, CFRA, EEOC, and more. Our office is located in Aliso Viejo, CA. We are not tax or legal experts. We are insurance brokers and advisors. Please check with your CPA and attorney prior to implementing any of the above mentioned in this blog.
