Same Sex Couples Have Fmla Rights

Any employee with a childcaring role is has parental rights to family leave under the Family and Medical Leave Act regardless of biological relationship to the child according to the US Department of Labor.

The decision is seen as a victory for samesex couples. It clarified the definition of son and daughter under FMLA. The statute defines son or daughter as a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is (A) under 18 years of age; or (B) 18 years of age or older and incapable of selfcare because of a mental or physical disability.

The FMLA says in loco parentis includes those with daytoday responsibilities to care for and financially support a child. Under the interpretation, employees who have no biological or legal relationship with a child may nonetheless stand in loco parentis to the child and be entitled to FMLA leave.

The decision has examples of situations where an in loco parentis relationship might qualify for FMLA coverage, including an aunt assuming care for a niece or nephew after the parent s death; a stepparent to a child whose biological parents divorced and remarried; and a samesex partner who will share equally in the raising of an adopted child but has no legal relationship to the child.

DOL says an employer may require an employee to provide reasonable documentation or statement of the family relationship but that a simple statement saying the required family relationship exists is all that is needed in situations like in loco parentis where there is no legal or biological relationship.