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U.S. Department of Labor Clarifies Definition under Family and Medical Leave Act

/ 07/05/2010

The United States Department of Labor recently clarified a definition found in the Family and Medical Leave Act.  Under the FMLA, employees may take leave from work to address family-related needs, such as caring for a son or daughter with a serious health condition.  The FMLA defines a “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 either under age eighteen or over age eighteen and incapable of self-care because of a mental or physical disability. 

The new interpretation expands the understanding of “in loco parentis.” Under the new interpretation, a person may stand in loco parentis if the person either participates in the day-to-day care of a child or financially supports a child.  For example, an employee who provides day-to-day care for her unmarried partner’s child but who does not financially support the child would be eligible to take FMLA leave to care for the child. 

For more information about the Family and Medical Leave Act or to speak with an employment lawyer about rights under the FMLA, contact the Dallas FMLA lawyers at Clouse Dunn Khoshbin LLP at [email protected]


Press Release Contact Information:


Clouse Dunn
Khoshbin LLP

214.220.3833 ( fax)
[email protected]

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