DOL Confirms FMLA Rights for Same-Sex Married Couples


DOL Confirms FMLA Rights for Same-Sex Married Couples

by Michael Cifelli on September 4, 2013

Roughly two months after the U.S. Supreme Court’s historic same-sex marriage decision in United States v. Windsor, the U.S. Department of Labor (DOL) has issued regulatory guidance confirming that same-sex married couples are entitled to the leave benefits under the Family and Medical Leave Act (FMLA).

As we previously discussed, Windsor struck down the Defense of Marriage Act (DOMA), which defined marriage as between a man and a woman for purposes of federal benefits. Federal agencies have since been adjusting their rules and procedures to reflect the Court’s decision.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Michael Cifelli, Scarinci Hollenbeck, LLC | Attorney Advertising

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