Monday, June 28, 2010
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: http://www.dol.gov/whd/
Mitchell H. Rubinstein