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:

Well, the Administration took a major step in recognizing the need for such flexibility on Tuesday when the U.S. Department of Labor issued Administrator's Interpretation No. 1010-3, which clarifies the definition of "son and daughter" under the FMLA. In doing, so we have expanded FMLA protections to cover loving caregivers that have traditionally been left out.

It's called in loco parentis, a Latin phrase and legal doctrine that may require interpretation for those of us who are not lawyers: It means "in the place of a parent." And when applied to the new realities of work and family, it means all employees who have assumed the responsibility for parenting a child, whether they have a biological or legal relationship with the child or not, may be entitled to FMLA leave.

Lawyers will no doubt debate whether Secretary Solis is right that the interpretation expanded existing law - and if so, whether it is enforceable in court. However, what is clear from this statement is that the Department of Labor intends to use its new Administrator Interpretations not just to provide guidance on the law, but to affirmatively shape it - and likely in ways that will expand employees' rights. 

To keep up to date on what Secretary Solis has to say, you can follow her on Twitter at www.twitter.com/@HildaSolisDOL.