Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

Monday, June 28, 2010

Definition of Son or Daughter Under FMLA

I bet you never thought there would be an issue with respect to the definition of son or daughter. Well, the issue comes up  when there is no legal or biological parent-child relationship. The FMLA has issued an opinion letter seeking to clarify who a son or daughter is.

The DOL has adopted a multi-factor test. It is the Wage and Hour Administrator’s interpretation that either day-to-day care or financial support may establish an in loco parentis parental status relationship where the employee intends to assume the responsibilities of a parent with regard to a child. But in all cases, whether an employee stands in loco parentis to a child will depend on the particular facts.

The full text of the Division’s interpretation letter FMLA 2010-3 can be found here:

Mitchell H. Rubinstein

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