The Department of Labor Clarifies the “In Loco Parentis” Doctrine of the FMLA


The latest change to the Family and Medical Leave Act (FMLA) comes via the Department of Labor (DOL) rather than Congress. On Tuesday of this week, the DOL issued an opinion letter stating that the “in loco parentis” (“in the place of a parent”) doctrine should be read by covered employers to allow same-sex partners to take FMLA leave for the birth of or to care for a newborn or sick child of a same-sex partner, or of any child for which they otherwise have or will have regular caretaking responsibilities.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Miller & Martin PLLC | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.