by Dena B. Calo, Esq., and James Gee
The U.S. Department of Labor (DOL) recently clarified the definition of “son and daughter” under the, effectively requiring employers to include same-sex partners, grandparents and other nontraditional family caregivers within the universe of employees eligible for .
Since its inception, the FMLA has granted employees up to 12 weeks of unpaid, job-protected leave because of the birth of a son or daughter, or to care for a son or daughter with a serious health condition.
New definition of parenthood
However, before the DOL’s recent clarification, the FMLA was deemed to apply only to biological or adoptive parents, step-parents, court-appointed legal guardians, foster parents—essentially anyone with a legal relationship to the child.
Long ignored was a crucial phrase in the FMLA: in loco parentis.
While in loco parentis literally means someone who is standing in the place of ...(register to read more)