Tag Archives: In Loco Parentis

On This 25th Birthday of the FMLA, An Open Letter to Employers, Employees and the DOL

Happy 25th birthday, FMLA!  As you might imagine, there may not be a more exciting day for me all year. After all, there is only one day ever in which my favorite federal statute celebrates its silver anniversary! Picture me getting my inner Jimmy Stewart on (after Clarence the Angel had just saved him), shouting … Continue Reading

Now That Same-Sex Marriage is a Constitutional Right, How Do Employers Administer FMLA Leave?

On Friday, June 26, the United States Supreme Court ruled that same-sex marriage is a fundamental right under the Fourteenth Amendment to the Constitution. So, I’ll give you one guess as to the topic of my blog post today. How is the FMLA Impacted by the Supreme Court’s Ruling on Same-Sex Marriage? Earlier this year, the … Continue Reading

DOL Issues Final Rule Extending FMLA Leave Rights to Same-Sex Couples: Here's Everything Employers Need to Know

The Department of Labor has issued a final rule that will allow an employee to take FMLA leave to care for a same-sex spouse, regardless of whether the employee lives in a state that recognizes their marital status.  This rule change will impact the manner in which employers administer FMLA leave, so I’ll quickly get down to the … Continue Reading

Interpreting The New DOL Interpretation Of "In Loco Parentis" - Podcast No. 13

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, … Continue Reading

Sec. Solis Says New Interpretation Expands FMLA

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, … Continue Reading
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