FMLA / CFRA (Training Bulletin)

Friday, December 17, 2010

A slight change to the interpretation of what constitutes a son/daughter under the FMLA.  Before, a person could only qualify for FMLA for children who were biological, adopted, foster, stepchildren, legal ward or for whom the adult stood “in loco parentis” (basically meaning a person who stood in as if they were a parent but had not gone through any formalities to achieve legal status). 

The D.O.L. changed their interpretation of what is required to stand “in loco parentis”.  Where previously this required BOTH financial support of a child and day-to-day care or responsibility, now EITHER is acceptable to establish an “in loco parentis” relationship.

In practical terms, this means that children of one parent in a cohabitation arrangement (living together but unmarried) are likely included for care coverage under the FMLA rights of the OTHER cohabitating adults if those other adults are EITHER in part responsible for the child(ren) financially OR provide care for them on a day-to-day basis.  (This effectively removes any requirement that a domestic partnership which are included in the definition for children under the California Act (CFRA) - same sex or opposite sex - be registered in order to claim FMLA rights).