New FMLA interpretation broadens definition of child

Employers may be surprised to hear that an employee could take leave under the federal Family and Medical Leave Act (FMLA) to care for their domestic partner’s child, but that’s exactly what the Department of Labor (DOL) said in a recent interpretation letter. Employees may take leave to care for a child if they stand “in loco parentis,” meaning “in the place of” a parent, even if no biological or legal relationship to the child exists. Under FMLA regulations, an individual who provides a child with day-to-day care and financial support stands in loco parentis. The DOL’s new interpretation letter says providing either day-to-day care or financial support is sufficient.

Tips: This interpretation letter could have broad implications, particularly for employees living with a domestic partner. If an employee is providing day-to-day care of a domestic partner’s child (e.g. cooking dinner, driving to school, etc.), the employee will be eligible to take FMLA leave to care for that child. Remember, it’s irrelevant whether the child’s biological parents could provide care; if the employee stands in loco parentis, he or she is eligible to take FMLA leave if that child has a serious health condition.