Every year, many Florida parents exercise their right to take time off under the Family Medical Leave Act. But adults who care for their children but are not legal or biological parents did not used to have the same parental rights. The U.S. Department of Labor recently changed that.

The Family Medical Leave Act (FMLA) provides job protection for parents who take time off to care for seriously ill children or at the adoption or birth of a child. A parent can take up to 12 weeks of unpaid leave during a 12 month period of time. 

The Wage and Hour division of the U.S. Department of Labor (WHD) has issued new guidance regarding the definition of "son or daughter" that gives non-traditional parents the same legal protections as biological and legal parents. According to the statement released by WHD, the new definition gives parental rights to anyone who "assumes the role of caring for a child... regardless of the legal or biological relationship."

In addition to legal and biological parents, non-traditional parents now qualify for FMLA leave. The WHD statement provided these examples of non-traditional parents who now receive parental rights:

• A relative who is caring for child while the child's parent is serving on active military duty
• A grandparent who assumes responsibility for a sick grandchild when parent is incapable of providing care for the child
• Employees who share in parenting of the child with their same sex partner

The Secretary of Labor Hilda L. Solis provided the department's justification for the change, saying, "No one who loves and nurtures a child day-in and day-out should be unable to care for that child when he or she falls ill." She said that the clarification "sends a clear message to workers and employers alike: All families, including LGBT families, are protected by the FMLA."

Source: The Miami Herald, "Employers should note new FMLA interpretation," Angelo M. Filippi, Esq., 23 Aug 2010