By Patrick M. Watts
On June 22, 2010, the Deputy Administrator of the Wage and Hour Division of the Department of Labor issued Interpretation No. 21010-3, clarifying the definition of “son or daughter” pursuant to the Family Medical Leave Act (“Act”). The Act entitles employees to take family medical leave for up to 12 weeks after the birth of a son or daughter, the placement of a son or daughter due to adoption or foster care or to care for a son or daughter with serious health conditions. “Son or daughter” is defined as “a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis. . . .” The Act further defines in loco parentis as including all individuals responsible for the daily care and financial support of the child.
The Deputy Administrator concluded that an employee stands in loco parentis to a child if they intend to assume the daily care or financial support for the child. Further, the Deputy Administrator concluded that the “Neither the statute nor the regulations restrict the number of parents a child may have under the FMLA.” Consequently, employers should recognize that some employees may be considered “parents” even though a son or daughter has an existing relationship with a biological, adoptive, foster or step parent.
