DOL Update on Qualifying Reasons for Leave Fact Sheet

more+
less-

On Friday, August 9, 2013, the Department of Labor (DOL) updated its Fact Sheet on Qualifying Reasons for Leave under the Family and Medical Leave Act (FMLA). This fact sheet states that for purposes of the FMLA  a "spouse" includes a same-gender spouse if the marriage is recognized under the laws of the state in which the employee resides. Thus, employers will have to apply the FMLA rules on a state-by-state basis for employees with same-gender spouses. At present, 13 states and  the District of Columbia permit or recognize same-gender marriages. Employees who are residents of these states will be entitled to up to 12 weeks of leave in a 12-month period to care for a seriously ill spouse or for activities that arise in connection with a military spouse's deployment and up to 26 weeks of caregiver leave for a military spouse who is seriously injured or ill, if they are otherwise eligible for FMLA leave. Note that these rights may be expanded in light of a recent statement made by Labor Secretary, Tom Perez, that the DOL will take additional steps to implement the Supreme Court's decision on DOMA "in a way that provides the maximum protection for workers and their families." This statement indicates that the DOL may eventually revise the regulations to extend FMLA rights to allow leave for the care of legally married same-gender spouses regardless of their state of residence.


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.

© Baker Donelson | Attorney Advertising

Written by:

more+
less-

Baker Donelson on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×