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However, some states have laws that do protect and guarantee employees for paid family leave (see State Legislation section). Additionally, the FMLA defines "parents" as biological, adoptive, step or foster parent who stood in loco parentis or "in the place of a parent". Parents do not include parents-in-law. [20]
workers who need time off to care for seriously ill elderly relatives (other than parents), unless the relative was acting in loco parentis at the time the worker turned 18; [40] [41] workers who need time off to recover from short-term or common illness like a cold, or to care for a family member with a short-term illness; elected officials;
The term in loco parentis, Latin for "in the place of a parent", [1] refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent. Originally derived from English common law , the doctrine is applied in two separate areas of the law.
in loco parentis: in the place of a parent Used to refer to a person or entity assuming the normal parental responsibilities for a minor. This can be used in transfers of legal guardianship, or in the case of schools or other institutions that act in the place of the parents on a day-to-day basis. / ɪ n ˌ l oʊ k oʊ p ə ˈ r ɛ n t ɪ s ...
Nevada Department of Human Resources v. Hibbs, 538 U.S. 721 (2003), was a United States Supreme Court case which held that the Family and Medical Leave Act of 1993 was "narrowly targeted" at "sex-based overgeneralization" and was thus a "valid exercise of [congressional] power under Section 5 of the Fourteenth Amendment."
The state via the family court and child protection agency stand in loco parentis to the minor, making all legal decisions, while the caregiver is responsible for the day-to-day care of the minor. Even while their child is in Care, typically birth parents retain Education and Medical rights and the right to contact with their child unless ...
in loco: in the place, on the spot: That is, 'on site'. "The nearby labs were closed for the weekend, so the water samples were analyzed in loco." in loco parentis: in the place of a parent: Assuming parental or custodial responsibility and authority (e.g., schoolteachers over students); a legal term. in luce Tua videmus lucem: in Thy light we ...
Parental responsibility [1] refers to the responsibility which underpin the relationship between the children and the children's parents and those adults who are granted parental responsibility by either signing a 'parental responsibility agreement' with the mother or getting a 'parental responsibility order' from a court.