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.

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