FMLA definition of Parent

RE: FMLA leave reason - "serious illness of parent" - how is "PARENT" defined? A newsletter I recently received says: "Parent means a biological parent OR an individual who stands or stood "in loco parentis" to an employee when the employee was a child. Persons who are "in loco parentis" include those with day-to-day responsibilities to care for and financially support a child or, in the case of an employee, who had such responsibility for the employee when the employee was a child. A biological or legal relatonship is not necessary." QUESTION: Is this true??? If so, what are the definitions of "spouse" "child" in that context??

Comments

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  • According to the Act, the term "spouse" means husband or wife. The term "son" or "daughter" means a "biological, adopted or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is under 18 years of age; or 18 years of age or older and incapable of self-care because of a mental or physical disability."
  • You should contact the Department of Labor and request a free copy of the FMLA regulations. It has common questions on page 86, definitions and a quick reference index that can be very helpful.
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