The DOL issued an Administrative Interpretation on June 22, 2010 (No. 2010-3), which addresses treatment of sons and daughters in nontraditional families under the Family and Medical Leave Act (“FMLA”). The FMLA entitles eligible employees to take up to 12 weeks of unpaid leave to attend to the birth of a son or daughter, or to care for a son’s or daughter’s “serious health condition.” A “son or daughter” is defined by the FMLA as a “biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis.” 29 USC §2611(12). The DOL’s latest Administrative Interpretation, however, reinterprets the meaning of “son or daughter” under the FMLA as someone who stands “in loco parentis.” The Interpretation is based on Congress’s purported intention of recognizing the reality of nontraditional families in society, and not limiting leave to those employees who live in “traditional nuclear families.” The FMLA regulations define in loco parentis as including those with day-to-day responsibilities to care for and financially support a child. 29 C.F.R. § 825.122(c)(3). Employees who have no biological or legal relationship with a child may nonetheless stand in loco parentis to the child and be entitled to FMLA leave. Id. Previously, FMLA leave to care for a child who was not the employee’s son or daughter under the definition of the FMLA had to meet two preconditions: (i) the employee provides the child with day-to-day care, and (ii) the employee provides the child with financial support. Under the Interpretation, however, the FMLA regulations do not require an employee who intends to assume the responsibilities of a parent to establish that he or she provides both day-to-day care and financial support in order to be found to stand in loco parentis to a child.