FMLA Rights Expanded to Non-Traditional Families

The Labor Department has clarified the definition of “son or daughter” under the Family and Medical Leave Act to give family leave rights to people who assume the role of caring for a child regardless of the legal or biological relationship.

Either day-to-day care or financial support may establish parental status where the employee intends to assume the responsibilities of a parent with regard to a child. All cases will depend on the particular facts.
Furthermore there is no restriction on the number of parents a child may have under the FMLA, a simple statement asserting that the requisite family relationship exists is all that is needed.

Finally, with regard to same sex relationships, an employee who will share equally in the raising of an adopted child with a same sex partner, but who does not have a legal relationship with the child, would be entitled to leave to bond with the child following placement, or to care for the child if the child had a serious health condition.