Tuesday, June 22, 2010

DOL Interpretation Letter Expands FMLA Rights to Non-Traditional Families

FMLA In another move to provide protections to LGBT employees, the Obama Labor Department has clarified the definition of “son or daughter” under Section 101(12) of the Family and Medical Leave Act to give family leave rights to people who assume the role of caring for a child regardless of the legal or biological relationship, according to an interpretation letter (No. 2010-3)  issued by the Wage and Hour Division June 22.

In that letter, Wage and Hour Division Deputy Administrator Nancy J. Leppink wrote: “Either day-to-day care or financial support may establish an in loco parentis relationship where the employee intends to assume the responsibilities of a parent with regard to a child . . . . In all cases, whether an employee stands in loco parentis to a child will depend on the particular facts.”

Significantly, the letter states that, “[n]either the statute nor the regulations restrict the number of parents a child may have under the FMLA . . . .A simple statement asserting that the requisite family relationship exists is all that is needed."

And even more specifically with regard to same sex relationships, the interpretation letter states: "[A]n employee who will share equally in the raising of an adopted child with a same sex partner, but who does not have a legal relationship with the child, would be entitled to leave to bond with the child following placement, or to care for the child if the child had a serious health condition, because the employee stands in loco parentis to the child."

Needless to say, these employee protections have been long sought by the LGBT community and the letter is another example of the Obama administration following through on its LGBT agenda.

PS

https://lawprofessors.typepad.com/laborprof_blog/2010/06/dol-interpretation-letter-expands-fmla-rights-to-nontraditional-families-.html

Wage & Hour, Worklife Issues | Permalink

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Comments

My husband was recently diagnosed with colon cancer. He had two weeks vacation and four weeks of sick leave. He was going to use these six weeks for his surgery and then begin his FMLA intermittingly for six months of chemo. HR called and informed him that his vacation and sick time would be counted into his FMLA time, leaving him with six weeks instead of the twelve. So, for the next six months during his chemo. if he misses one day over his FMLA he will be terminated. I work a state job and I was allowed to use all my time BEFORE applying for FMLA as his caregiver.

Does anyone have any ideas on how we can save his job?

Thanks,
Joy

Posted by: joy denney | Oct 25, 2010 9:34:32 AM

FMLA Rights should be expanded to Non-traditional families.I support this cause.

Posted by: Covering Letter | Jul 2, 2011 1:41:45 AM

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