Proposed Expansion of the FMLA Expands the Definition of Parent and Introduces Broad Definition of Family Member

As discussed in my last article, the Families First Coronavirus Response Act includes an expansion to the Family Medical Leave Act (FMLA). An interesting part of the amendment proposes an expanded definition of “Parent” and introduces a broad definition of “Family Member “ for the purposes of Public Health Emergency Leave. would be expanded to include more individuals, than the original FMLA definition.

Section 2612(a)(1)(c) of FMLA allows employees to take leave to care for a spouse, son, daughter or parent with a serious health condition. The FMLEA expands the definition of Parent so that an employee will be able to take health emergency leave in order to care for more individuals. If anything, the updated definitions for the purposes of the Health Emergency Leave, highlight the archaic nature of the the current FMLA definitions:

PARENT DEFINITION EXPANDED FOR THE PURPOSES OF EMERGENCY LEAVE

Under the FMLA, a parent is: a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a son or daughter (adoptive, biological, step, legal ward). This definition does not include parents “in law.”

Under Proposed Family and Medical Leave Expansion Act, the word Parent means:

  • Biological, foster or adoptive parent of employee;

  • Stepparent of employee;

  • A Parent-In-Law of the employee;

  • A parent of a domestic partner of the employee;

  • A legal guardian or other person who stood in loco parentis to an employee when the employee was a child.

NOTE: The FMLEA does not define domestic partner, but the Proposed Emergency Paid Sick Leave Act (“EPSLA”) defines “Domestic Partner” as, “another individual with whom the individual is in a Committed Relationship.”

The EPSLA defines a “Committed Relationship” as, “a relationship between two individuals (over the age of 18) in which each individual is the other individual’s sole domestic partner and both individuals share responsibility for a significant measure of each other’s common welfare.”

EXPANSIVE DEFINITION OF FAMILY PROPOSED

The proposed amendment includes an extremely expansive definition of Family Member to be:

  • A parent of the employee

  • A spouse of the employee

  • A son or daughter who is under 18 years of age, of the employee

  • A son, daughter, next of kin of the employee or a person for whom the employee is next of kin, grandparent or grandchild of an employee who is:

    • pregnant

    • senior citizen

    • individual with a disability

    • or has access or functions needs

Again, Congress is reviewing the final version of the passed bill, and the Families First Coronavirus Response Act is not law. However, it is extremely helpful for employers to be updated on what could be coming in the very near future.


Susie Cirilli