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 will of course provide details of the new ruling once it becomes available.