Department of Labor Interpretation Expands Availability of FMLA Leave for the Care of Children of Domestic Partners and Others

July 2010

The U.S. Department of Labor (DOL) has issued an administrator’s interpretation that expands the universe of individuals who may take leave under the Family and Medical Leave Act (FMLA) to take care of a son or daugter. Notably, the guidance allows an employee to take FMLA leave to care for the child of a domestic partner, as well as for a grandchild or a nephew or niece whose single parent has been called to active military duty. The interpretation does not change the fact that an employee may not take FMLA leave to care for a same-sex domestic partner or spouse.

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