The U.S. Department of Labor (DOL), in Administrative Interpretation No. 2010-3, has expanded the definition of son/daughter for the purposes of childcare leave under the Family and Medical Leave Act.  Under the FMLA, eligible employees are entitled to take up to 12 weeks of leave for the birth, adoption, or placement of a child or to care for a child with a “serious health condition.”   FMLA regulations state that “son or daughter” includes a “biological, adopted or foster child, stepchild, legal ward, or a child of a person standing “in loco parentis” (in place of a parent).   “In loco parentis” includes those with no biological or legal relationship with a child.   According to the Administrative Interpretation, an employee qualifies under the “in loco parentis” test if: 1) S/he provides day to day care for the child OR  2.) S/he is financially responsible for the child.  Additionally, an employee need only provide a statement, that day to day care or financial support is provided, to qualify for the leave.  The DOL’s Interpretation can be found at: 

http://www.dol.gov/whd/opinion/adminIntrprtn/FMLA/2010/FMLAAI2010_3.htm

The Interpretation expressly mentions same sex couples as qualifying for this leave.  It could also include grandparents, siblings, aunts, uncles and other family members or friends. 

Note, however, that the FMLA still does not require leave for unmarried employees to care for their seriously ill partners.

New Connecticut legislation has expanded the state’s “mini-COBRA law”.  Both large and small employers will be affected as the law extends the health continuation coverage from 18 months to 30 months.

Another new Connecticut law, effective October 1, 2010, entitles employees who are family violence victims to take leave from work.

The Connecticut Superior Court has ruled that both in-state and out-of-state employees are included in determining whether an organization must comply with the state FMLA [ Velez v. Mayfield].

Effective July 5, 2010, in accordance with a state indoor smoking ban, virtually all Wisconsin workplaces must be smoke free.  Wisconsin has become the latest state to address worker misclassification (i.e., incorrectly treating employees as independent contractors) with passage of SB 672 and Assembly Bill 929.  The new laws increase monitoring and penalties for such misclassifications.  The federal government and many states around the country are addressing the “independent contractor issue.”

Another new Wisconsin law (SB 585) prohibits discrimination against workers who decline to attend political or religious meetings held by their employers.

Nevada’s minimum wage is increasing on July 1, 2010.  Minimum wage for employers offering qualified health benefits to their employees will be $7.25 per hour (the current federal rate) and $8.25 for those not offering benefits.