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Who is a Parent (in loco parentis)?
In June of 2010, the DOL issued Administrator’s Interpretation No. 2010-3, to clarify the definition of “son or daughter” pursuant to Section 101(12) of the FMLA. The FMLA defines son or daughter as a "biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is – (A) under 18 years of age; or (B) 18 years of age or older and incapable of self-care because of a mental or physical disability."
The Administrator’s Interpretation broadly defines the "in loco parentis" relationship with a child to include anyone providing either "day-to-day care, or financial support," (e.g. foster parent, guardian, stepparent, or domestic partner to another individual with a child). The Administrator’s Interpretation lists several situations in which an employee who has no biological or legal relationship to a child may be found to have an "in loco parentis" relationship, including:
Employers with 50 or more employees should review their FMLA policies to ensure they comport with the broadly defined "in loco parentis" relationship.
Tags: FMLA, PPACA
Posted In: Employment Law News
Blog Categories:Business Law Bulletin
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Located in Los Angeles, California, the Law Office of Melissa C. Marsh handles business law and corporation law matters as a lawyer for clients throughout Los Angeles including Burbank, Sherman Oaks, Studio City, Valley Village, North Hollywood, Woodland Hills, Hollywood, West LA as well as Riverside County, San Fernando, Ventura County, and Santa Clarita. Attorney Melissa C. Marsh has considerable experience handling business matters both nationally and internationally. We routinely assist our clients with incorporation, forming a California corporation, forming a California llc, partnership, annual minutes, shareholder meetings, director meetings, getting a taxpayer ID number (EIN), buying a business, selling a business, commercial lease review, employee disputes, independent contractors, construction, and personal matters such as preparing a will, living trust, power of attorney, health care directive, and more.