The Department of Labor has revised the protections under the Family and Medical Leave Act (FMLA) to protect parents of children even when the law does not recognize the parential rights.
This was done under an interpretation of the FMLA. No Congressional action was required. Under the FMLA, employees can take upto 12 weeks of unpaid leave to deal with their own serious health condition or the serious health conditions of certain family members.
The regulation clarifies the definition of “son and daughter” under the Family and Medical Leave Act to ensure that an employee who assumes the role of caring for a child receives parental rights to family leave regardless of the legal or biological relationship.
Here is the DOL press release on the issue.
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