Due to employer and employee confusion over how the FMLA applies when there is no legal or biological parent-child relationship, the Wage and Hour Deputy Administrator has provided additional clarification on the definition of “son or daughter” in the context of an employee taking FMLA-protected leave for the birth or placement of a child, to care for a newborn or newly placed child, or to care for a child with a serious health condition.
Based on an examination of the relevant factors, it is the 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/opinion/adminIntrprtn/FMLA/2010/FMLAAI2010_3.htm.
