DOL Wants FMLA to Cover Same-Sex Couples

more+
less-

The U.S. Department of Labor (DOL) is seeking to extend coverage of the federal Family and Medical Leave Act (FMLA) to same-sex couples following a Supreme Court ruling that federal benefits cannot be limited based on a definition of marriage as a union between one man and one woman.

In United States v. Windsor, 133 S. Ct. 2675 (2013), the Court found the Defense of Marriage Act’s definition of marriage unconstitutional for treating same and opposite-sex couples differently under federal law.

FMLA entitles eligible employees to unpaid leave for family, medical and military- related reasons. Currently, an employee in a same-sex marriage may not be eligible to take FMLA leave to care for a partner, a partner’s child or a partner’s parent with a serious health condition. The DOL’s proposal would change that by giving same-sex marriages equal access to FMLA benefits currently enjoyed by opposite-sex marriages.

In determining the legal status of marriages and qualification for leave benefits under the FMLA, the new rule adheres to state law where the couple was married rather than their current state of residence. The DOL says this will ensure equal protection for all valid marriages under federal law. The rule change provides married same-sex partners with leave to care for a spouse or a child or parent of the employee’s spouse.

The DOL is currently accepting comments on its proposal. The full text of the NPRM, as well as information on the deadline for submitting comments and the procedures for submitting comments, can be found at www.dol.gov/whd/fmla/nprm-spouse.

Topics:  DOL, DOMA, Employee Benefits, FMLA, Marriage, Same-Sex Marriage, SCOTUS

Published In: Civil Procedure Updates, Civil Rights Updates, Family Law Updates, Labor & Employment Updates

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.

© Benesch Law | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »