FMLA Update: DOL Clarifies that FMLA Definition of "Son or Daughter" Includes Children of Same-Sex Domestic Partners

The U.S. Department of Labor (DOL) recently issued an Administrative Interpretation clarifying its opinion on eligibility regarding employee qualifications to take Family and Medical Leave Act (FMLA).

A recent advisory provided to the Council via our Endorsed Business Partner, TD Insurance from Ford & Harrison LLP outlines the changes clarified by the DOL.

According to Ford & Harrison, the DOL is, for the first time, defining eligibility to include "birth, bonding or to care for the child of a domestic partner or same-sex domestic partner, as well as other children for whom an employee has responsibility for day-to-day care or financial responsibility, even though the employee has no biological or legal relationship with the child."

This expansion of eligiblity stems from clarification over the definition of whether an employee stands "in loco parentis" and may now include examples such as:

• an employee raising a child with the biological parent;
• same sex partners raising a child where the employee has no legal or biological relationship with the child;
• an employee who requests leave to bond with the adopted child of a same sex- partner; and
• a grandparent or other relative who has taken on the responsibility to raise a child but has not legally adopted the child.

For more details, please review Ford & Harrison's Legal Alert online.  For questions about your compliance or other employee benefits issues, please contact Michelle Martone at TD Insurance.