[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR825.113]



[Page 755]

 

                             TITLE 29--LABOR

 

         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

 

PART 825_THE FAMILY AND MEDICAL LEAVE ACT OF 1993--Table of Contents

 

Subpart A_What is the Family and Medical Leave Act, and to Whom Does It 

                                 Apply?

 

Sec.  825.113  What do ``spouse,'' ``parent,'' and ``son or daughter'' 

mean for purposes of an employee qualifying to take FMLA leave?



    (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.



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