Legal & Financial

Gay parents to be allowed family and medical leave

President Obama is expanding the rights of U.S. gay workers by allowing them to take family and medical leave to care for sick or newborn children of same-sex partners – regardless of whether or not a formal adoption has been processed. Federal law currently does not recognize same-sex relationships – but Obama’s Labor Department believes that people in same-sex relationships should qualify for family and medical leave when they act as parents, sharing the care and support of a child.

The NY Times reports: Under the law, “the term ‘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.” The law does not define “in loco parentis.” But the relevant federal regulations say, “Persons who are ‘in loco parentis’ include those with day-to-day responsibilities to care for and financially support a child.”

Moreover, the rules say, “A biological or legal relationship is not necessary.”