Who is a child, son or daughter under FFCRA?

Under the FFCRA, a “son or daughter” is your own child, which includes your biological, adopted, or foster child, your stepchild, a legal ward, or a child for whom you are responsible for their care and well-being—someone with day-to-day responsibilities to care for or financially support a child. For additional information about in loco parentis see the Department of Labor (PDF).

In light of Congressional direction to interpret definitions consistently, the Department Of Labor guidance clarifies that under the FFCRA a “son or daughter” is also an adult son or daughter (i.e., one who is 18 years of age or older), who (1) has a mental or physical disability, and (2) is incapable of self-care because of that disability.

Last Modified: 
April 10, 2020