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US Department of Labor Expands FMLA Definition of "Son or Daughter"

August 2010
Employment Law Notes
The federal Family and Medical Leave Act (“FMLA”) permits eligible employees to take up to twelve work weeks of unpaid leave for specified family and medical reasons. These reasons include caring for a child with a serious health condition or for bonding following the birth or adoption of a son or daughter (hereafter, “to care for a child”). 29 U.S.C. § 2612(a)(1)(A)-(C). The current definition of “son or daughter” includes a biological, adopted, or foster child, a stepchild, a legal ward, or the child of a person standing “in loco parentis,” i.e., in the place of a biological parent.