Southwest Florida Employment Law Blog : Southwest Florida Employment and Labor Lawyers & Attorneys for Discrimination Lawsuits and Civil Rights Cases in Fort Myers, Bonita Springs & Sanibel FL

A few weeks ago, the Family and Medical Leave Act (FMLA) celebrated its 20 year anniversary. At a recent speech at the Department of Labor, Former President Clinton, who signed the FMLA into law in 1993, stated "I've had more people mention the family leave law to me, both while I was in the White House and in the 12 years since I've been gone, than any other single piece of legislation I've signed."

Political proponents marked the anniversary by advocating their calls for enhanced leave benefits. Clinton, President Obama, Representative Nancy Pelosi, and Senator Tom Harkin all recently introduced or advocated for legislative measures aimed at, among other things (i) mandating paid family and medical leave; (ii) dropping thresholds so that the FMLA applies to smaller employers; (iii) making job protected leave available to part-time employees; and (iv) redefining what qualifies for protected leave to include, for example, recovery from routine illness like the flu.

Senator Harkin is poised to re-introduce the Healthy Families Act, which would require companies with 15 or more employees to allow workers to earn up to an hour of paid sick leave for every 30 hours worked. Moreover, House Democrats recently introduced the "Federal Employees Paid Parental Leave Act," a bill which would provide all federal employees four weeks of paid parental leave upon the birth or adoption of a child. Other measures are being debated and considered, and Republican opposition is expected.

Suffice to say that the next four years should be interesting for employers on the leave and benefits front. We will keep you informed as these events, sure to impact most employers, play out in Washington.

• Print
• Comments
• Trackbacks
• Share Link

In an Administrative Interpretation issued yesterday, the Department of Labor clarified the definition of "son and daughter" as it applies to an employee standing "in loco parentis" to a child under the Family and Medical Act for purposes of non-military leave.  The Interpretation was intended to ensure an employee who assumes the role of caring for a child receives parental rights to family leave regardless of the legal or biological relationship.  With the Interpretation, the DOL made clear the FMLA, which allows employees to take leave for the birth or adoption of a child, extends to the various parenting relationships that exist in today's world. 

The definition of "son or daughter" includes a "biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis."  In loco parentis includes those with day-to-day responsibilities to care for and financially support a child.  Employees who have no legal or biological relationship with a child may nonetheless stand in loco parentis, and thus be entitled to FMLA leave. 

The Interpretation clarifies that the regulations do not require an employee who intends to assume the responsibilities of a parent to establish that he or she provides both day-to-day care and financial support.  The Interpretation lists several examples, including an employee who provides day-to-day care but does not financially support his or her unmarried partner's child with whom there is no legal or biological relationship.  It also lists, as an example, an employee who will share equally in the raising of an adopted child with a same-sex partner, but who does not have a legal relationship with the child.

• Print
• Comments
• Trackbacks
• Share Link