[This posting is for informational purposes and should not be construed or interpreted as either legal advice on any matter or as in any way creating an attorney/client relationship]
On June 22, the U.S. Department of Labor clarified the definition of "son and daughter" under the Family and Medical Leave Act to ensure that all employee-parents, regardless of legal or biological relationship, may obtain family leave for the birth or placement of a son or daughter, to bond with a newborn or newly placed son or daughter, or to care for a son or daughter with a serious health condition.
The FMLA permits an ”eligible” employee to take off up to 12 work weeks in any 12 month period for the birth or adoption of a child, to care for a family member with a serious health condition, or if the employee has a serious health condition. The FMLA covers employers of over 50 employees within 75 miles of a company worksite, where at least 50 employees work 20 or more workweeks in the current or preceding calendar year.
The DOL interpretation extends FMLA coverage to many non-traditional families, including families in the lesbian-gay-bisexual-transgender community. A DOL press release declared this a “victory” for those employees who previously have been denied leave to care for their loved ones.
Employers covered under the FMLA that do not already permit family leave to LGBT employees should immediately update their FMLA policies to reflect this new interpretation of the law.
Eric B. Meyer is a member of the Labor and Employment Group at Dilworth Paxson. Readers can contact Meyer via e-mail and follow him on Twitter.
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