FMLA Insights - Guidance & Solutions for Employers

The Department of Labor's recent Administrative Interpretation regarding FMLA leave for those acting in loco parentis to a child placed the spotlight on the application of FMLA leave to same-sex couples with children. However, the ruling did not address how the FMLA applies to situations where an employee seeks FMLA leave to provide care not for a child, but for a same-sex partner or spouse. However, two recent ruling by a federal court in Massachusetts may redefine the term "spouse" for purposes of FMLA leave, at least in states that recognize same-sex marriages. ... More

On June 22 the U.S. Department of Labor issued its first Administrator Interpretation under the FMLA, "clarifying" how the FMLA applies to requests for leave by those who provide care for a child without a biological or legal relationship to the child. In this month's podcast, we explain what's new in this interpretation, what isn't, and what it means for employers.  ... More

Well, we stand corrected. While we said in our summary of the DOL's new Administrator Interpretation (.pdf) on the issue of FMLA leave for those standing in loco parentis for a child that the new interpretation "arguably does not change existing law," Secretary of Labor Hilda Solis evidently thinks that it does. Writing in the Huffington Post, Secretary Solis had this to say about the new interpretation:... More

On June 22, 2010, the U.S. Department of Labor issued an Administrator Interpretation (.pdf) to clarify the definition of a “son or daughter” under the FMLA to ensure that an employee who seeks time off work to care for a child receives FMLA leave regardless of the employee’s legal or biological relationship with the child.  Although the DOL interpretation arguably does not change existing law, many consider it a huge win for nontraditional families, including families in the lesbian-gay-bisexual-transgender (LGBT) community who, the DOL asserts, “often in the past have been denied leave to care for their loved ones.”... More

The New York Times is reporting today that the U.S. Department of Labor Wage and Hour Division will issue a "ruling" tomorrow, providing that an employee in a same-sex relationship may use FMLA leave to care for the child of his or her partner, even if the employee has not legally adopted the child. It is not clear whether this new ruling will actually amount to an expansion of FMLA rights, or will merely clarify the existing rule that an employee may take FMLA to care for a child for whom the employee acts as a parent ("in loco parentis").  We... More

Gay and lesbian employees in the Illinois Treasurer's office who are in a committed relationship will enjoy the same FMLA benefits as married employees under an executive order signed by state treasurer (and U.S. Senate candidate) Alexi Giannoulias Sunday.  As a result, these employees will have the same family and medical leave benefits to care for their domestic partner when they suffer from a serious health condition and will be allowed to take time off to have or adopt children.... More