NJ Labor And Employment Law

The New Jersey Labor and Employment Law Blog is authored by Jay S. Becker and Joseph C. DeBlasio, shareholders in the Labor and Employment Law Practice Group, with support from the associates in the Group. It is dedicated to provide news and updates regarding all labor and employment matters throughout New Jersey.

DOL’s Interpretation Of “Son Or Daughter” Broadens Employee Protection Under The FMLA

November 11, 2010 | No Comments
Posted by admin

This article appears in the November edition of New Jersey Labor And Employment Law Quarterly.

On June 22, 2010, the U.S. Department of Labor (DOL) issued an administrator’s interpretation addressing the definition of “son or daughter” as it applies to an employee taking protected leave for the birth or placement of a child, to care for a newborn or newly placed child, or to care for a child with a serious health condition under the Family and Medical Leave Act (FMLA). The interpretation seemingly overrides the federal regulation defining “son or daughter,” and lessens the prerequisites for establishing in loco parentis status.

Under the FMLA, an eligible employee may take up to 12 workweeks of job-protected leave in a 12-month period for reasons such as the birth of a son or daughter of the employee, the care of that son or daughter, the placement of a son or daughter with the employee for adoption or foster care, and to care for a son or daughter with a serious health condition.

To read the full article, click here.


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