(a) Spouse means a husband or wife as defined or recognized under
State law for purposes of marriage in the State where the employee
resides, including common law marriage in States where it is recognized.
(b) Parent means a biological parent or an individual who stands or
stood in loco parentis to an employee when the employee was a son or
daughter as defined in (c) below. This term does not include parents
``in law''.
(c) 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 either under age 18, or age 18 or older and ``incapable
of self-care because of a mental or physical disability.''
(1) ``Incapable of self-care'' means that the individual requires
active assistance or supervision to provide daily self-care in three or
more of the ``activities of daily living'' (ADLs) or ``instrumental
activities of daily living'' (IADLs). Activities of daily living include
adaptive activities such as caring appropriately for one's grooming and
hygiene, bathing, dressing and eating. Instrumental activities of daily
living include cooking, cleaning, shopping, taking public
transportation, paying bills, maintaining a residence, using telephones
and directories, using a post office, etc.
(2) ``Physical or mental disability'' means a physical or mental
impairment that substantially limits one or more of the major life
activities of an individual. Regulations at 29 CFR Sec. 1630.2(h), (i),
and (j), issued by the Equal Employment Opportunity Commission under the
Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., define
these terms.
(3) 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 relationship is not
necessary.
(d) For purposes of confirmation of family relationship, the
employer may require the employee giving notice of the need for leave to
provide reasonable documentation or statement of family relationship.
This documentation may take the form of a simple statement from the
employee, or a child's birth certificate, a court document, etc. The
employer is entitled to examine documentation such as a birth
certificate, etc., but the employee is entitled to the return of the
official document submitted for this purpose.
