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DOL offers guidance of defining a “son or daughter”

On June 22, 2010, the Department of Labor issued an Administrator’s Interpretation, seeking to clarify the definition of “son and daughter” under the FMLA.  The Administrator’s Interpretation was issued to ensure that an employee who assumes the role of caring for a child receives parental rights to family leave regardless of the employee’s legal or biological relationship to the child. Significantly, the revised interpretation extends parental leave rights to same-sex couples who have children. The agency’s clarification “is a win for all families no matter what they look like,” according to a DOL press release.


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