Employment Law Updates | New Statutes, Regulations, and Rules

July 15, 2010

US Department of Labor Clarifies FMLA Definition of ‘Son and Daughter’

Clarification of the Definition of “Son or Daughter” under Section 101(12) of the Family and Medical Leave Act (FMLA)
Administrator's Interpretation No. 2010-3, 6/22/2010

The Wage and Hour Division (“WHD”) of the Department of Labor (“DOL,” or “Department”) has issued an Administrator’s Interpretation in order to clarify the definition of “son and daughter” under the Family and Medical Leave Act of 1993 (“FMLA”).

According to the WHD, such guidance is necessary to ensure that an employee who assumes the role of caring for a child receives parental rights to family leave regardless of the legal or biological relationship.

By way of background, the FMLA allows workers to take up to 12 weeks of unpaid leave during any 12-month period to care for loved ones or…

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