| DOL Clarifies and Expands Leave Rights for “Non-Traditional Parents” |
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The original FMLA included an understanding that not all minors will be cared for by a biological parent and that some caregivers will not have formal rights of custody or similar certifications. It did so by mandating leave for persons “in loco parentis,” that is, adults who provide day-to-day care and financial support for minors.
On June 22, 2010, DOL issued an Interpretation of this element in the FMLA making it clear that the practical realities of care-giving will be the determining factor as to who is eligible for FMLA leave. Grandparents, aunts, step-parents, unwed parents, adults with no biological relationship to a child but who share in the responsibilities of care-giving, including, particularly, same-sex couples, are identified as being eligible for time off work to provide care under the FMLA.
To read the full text of the Administrator's Interpretation, please click here. |