DOL Interpretation Letter Clarifies Coverage of the FMLA

The Department of Labor recently issued an interpretation letter clarifying the definition of "son or daughter" under the Family and Medical Leave Act (FMLA). The interpretation letter explains that the FMLA may cover leave for domestic partners, grandparents, or other non-traditional family relationships for the birth or placement of child or to care for a child with a serious health condition.

FMLA allows up to 12 weeks of unpaid leave in any 12-month period for eligible employees for the birth of a child, placement of a son or daughter for adoption or foster care, or to care for a child with a serious health condition. Federal regulations on FMLA defined son or daughter as "a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis" who is under the age of 18 or is incapable of self-care because of a disability. 29 C.F.R. § 825.122(c). The regulations further define in loco parentis as including those "with