Because the individuals for whom an employee can provide care under the Family and Medical Leave Act (FMLA) are specified in statute, an employee may take FMLA leave only to care for spouses, sons and daughters under 18 or over 18 but incapable of self care because of a mental or physical disability, and parents. Employees may take FMLA leave for the care of sons and daughters of their same-sex domestic partner. See Compensation Policy Memorandum (CPM) 2010-15, Interpretation of “Son or Daughter” Under the Family and Medical Leave Act, August 31, 2010 (http://www.chcoc.gov/Transmittals/TransmittalDetails.aspx?TransmittalID=3122).
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