Nontraditional Parents Entitled To FMLA Leave: DOL

Law360, New York (June 23, 2010, 6:19 PM EDT) -- In a victory for same-sex couples, the U.S. Department of Labor has issued an opinion stating that any employee who assumes a child-caring role is entitled to parental rights to family leave under the Family and Medical Leave Act regardless of his or her legal or biological relationship to the child.

In an administrator interpretation issued Tuesday, the DOL said an employer's requirement to provide 12 weeks of unpaid FMLA leave to an employee caring for the adoption or birth of a child or to care...
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