29 CFR 825.122 - Definitions of covered servicemember, spouse, parent, son or daughter, next of kin of a covered servicemember, adoption, foster care, son or daughter on covered active duty or call to covered active duty status, son or daughter of a covered servicemember, and parent of a covered servicemember
| Cite as | 29 CFR 825.122 |
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28 cases
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Pedersen v. Office of Pers. Mgmt., CIVIL ACTION NO. 3:10-cv-1750 (VLB)
...in the State where the employee resides, including common law marriage in States where it is recognized." 29 U.S.C.Page 7§2654; 29 C.F.R. 825.122. The definition of "spouse" in Section 3 of DOMA, however, supplants the Department of Labor's regulation's instruction to look to the applicable......
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Letourneau v. Office Of Pers. Mgmt. ., Civil Action No. 09-10309-JLT.
...38 U.S.C. § 103(c) (Veterans' benefits); 20 C.F.R. § 10.415 (Workers' Compensation); 45 C.F.R. § 237.50(b)(3) (Public Assistance); 29 C.F.R. §§ 825.122 and 825.800 (Family Medical Leave Act); 20 C.F.R. §§ 219.30 and 222.11 (Railroad Retirement Board); 38 C.F.R. § 3.1(j) (Veterans' Pension a......
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Burden v. Shinseki, s. 2012–7096
...for purposes of marriage in the State where the employee resides, including common law marriage in States where it is recognized,” 29 C.F.R. § 825.122(b). 4. Our conclusion that state law evidentiary standards apply to questions related to the validity of a marriage is bolstered by cases co......
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Bourke v. Beshear, Civil Action No. 3:13–CV–750–H.
...For example, a same-sex spouse in Kentucky cannot take time off work to care for a sick spouse under the Family Medical Leave Act. 29 C.F.R. § 825.122(b). [996 F.Supp.2d 547]In addition, a same-sex spouse in Kentucky is denied access to a spouse's social security benefits. 42 U.S.C. § 416(h......
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34 firm's commentaries
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We ARE Family: A DOL Interpretation Simplifies an FMLA Issue for Iowa Employers
...(B) 18 years of age or older and incapable of self-care because of a mental or physical disability.” 29 U.S.C. § 2611(12). See also 29 C.F.R. §§ 825.122(c), 825.800. (Emphasis added). “In loco parentis” is generally understood to mean a person who puts himself or herself in the place of a p......
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U.S. Department of Labor Clarifies When Employees Standing 'In Loco Parentis' May Take FMLA Leave to Care for a Child
...you are regularly in contact. Footnotes See 29 U.S.C. § 2612(a)(1)(A)–(C); 29 C.F.R. § 825.112(a)(1)–(3). See 29 U.S.C. § 2611(12); 29 C.F.R. §§ 825.122(c), See S. Rep. No. 103-3, at 22. See 29 C.F.R. §§ 825.122(c)(3). See also 29 C.F.R. § 825.122(j) ("For purposes of confirmation of family......
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Recent Department of Labor Interpretation Broadens FMLA Coverage to Same-Sex, Non-Traditional Parents
...as well as a foster child, stepchild, legal ward, or child of a person standing “in loco parentis.” 29 U.S.C. § 2611(12); see also 29 C.F.R. §§ 825.122(c), 825.800. Eligible employees are entitled to take 12 work weeks of leave for the birth or placement of a son or daughter, to bond with a......
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Same-Sex Couples Finally Receive the Same Treatment under the FMLA
...of the opposite sex. The Labor Department, through this expansion to the regulatory definition of “spouse” in 29 C.F.R. §§ 825.102 and 825.122(b), will officially recognize same-sex marriages as being entitled to FMLA spousal leave. The FMLA, which covers employers with 50 or more employees......
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1 books & journal articles
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Family and medical leave act
...for the definition of spouse under the FMLA regulations. The Final Rule changes the regulatory definition of spouse in 29 CFR §§825.102 and 825.122(b) to look to the law of the place in which the marriage was entered into, as opposed to the law of the state in which the employee resides. A ......