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Family and Medical Leave Act (FMLA) Defense of Marriage Act Marriage

Benesch

DOL Wants FMLA to Cover Same-Sex Couples

Benesch on

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...more

K&L Gates LLP

DOL Seeks to Extend FMLA Rights Relating to Same-Sex Spouses

K&L Gates LLP on

The U.S. Department of Labor (DOL) published a notice of proposed rulemaking on June 27, 2014, announcing a proposal that would expand the definition of “spouse” under the Family and Medical Leave Act (FMLA) to include all...more

Franczek P.C.

Obama Administration Announces Proposed Rule Extending FMLA Leave Rights for Same-Sex Couples

Franczek P.C. on

President Obama plans to announce today a proposed rule that would allow an employee to take FMLA leave to care for a same-sex spouse, regardless of whether the employee lives in a state that recognizes their marital status. ...more

Fisher Phillips

Benefits Update, No. 4, November 2013: The World Post-Windsor: Rethinking Benefit And Leave Policies For Same-Sex Spouses

Fisher Phillips on

Following a highly-publicized U.S. Supreme Court decision and subsequent guidance from both the Labor Department (DOL) and the Internal Revenue Service (IRS), employers need to rethink how they treat same-sex spouses under...more

Miller & Martin PLLC

How to Administer Benefits, Leave, and Taxes in a “Post-DOMA” World

Miller & Martin PLLC on

Well, our title is a bit provocative in that not all of your “post-DOMA” questions have yet been answered by the IRS (who defines “spouse” for purposes of employee benefits under ERISA as well as taxation under the Internal...more

Stoel Rives LLP

Employers Should Review Benefits Plans And Other Policies Affecting Employees In Same-Sex Marriages As New IRS Guidance...

Stoel Rives LLP on

Here's something that should be at the top of your to do list on this Monday morning: make sure your benefits and other employee policies are in compliance with new guidance from the IRS that becomes effective today relating...more

McAfee & Taft

EmployerLINC Employment Law Update - FMLA leave and same-sex spouses

McAfee & Taft on

After the U.S. Supreme Court handed down its decision regarding same-sex marriages in United States v. Windsor this summer, a number of governmental agencies charged with administering employment laws have issued explanations...more

Baker Donelson

Time to Do Something About It: Governmental agencies issue revised policies in light of Windsor decision

Baker Donelson on

Earlier this month, we blogged that it was “Time for Employers to Review Their Family Medical Leave Act Policies Following the Supreme Court’s Decision to Strike Down DOMA.”....more

Ervin Cohen & Jessup LLP

Department of Labor Extends FMLA to Same-Sex Marriage

The U.S. Department of Labor (DOL) recently issued a regulatory guidance confirming that same-sex married couples are entitled to the same benefits of the Family and Medical Leave Act (FMLA) as more traditional heterosexual...more

Morgan Lewis

DOL Clarifies FMLA Leave Entitlement for Same-Sex Spouses

Morgan Lewis on

In the wake of the Supreme Court's Windsor decision, employers should review and, if necessary, revise their FMLA policies and procedures to ensure compliance. The U.S. Department of Labor (DOL) recently clarified that...more

Stoel Rives LLP

U.S. Supreme Court's Decisions on DOMA Extend FMLA Definition of "Spouse" To Same-Sex Partners In States Recognizing Gay Marriage

Stoel Rives LLP on

As almost everyone knows, the U.S. Supreme Court issued two blockbuster decisions on gay marriage, U.S. v. Windsor, which struck down the Defense of Marriage Act's ("DOMA") definition of marriage for the purposes of federal...more

Epstein Becker & Green

Act Now Advisory: FMLA Update: Protected Leave Available to Same-Sex Spouses

Epstein Becker & Green on

The U.S. Department of Labor ("DOL") announced that, as of August 9, 2013, it had updated guidance documents to remove references to the Defense of Marriage Act ("DOMA") in order to affirm the availability of spousal leave...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

FMLA Policy Changes Employers Should Make in Light of Windsor and the DOL’s New Guidance

On June 26, 2013, the Supreme Court of the United States struck down the Defense of Marriage Act’s (DOMA) provision defining marriage as between one man and one woman....more

Troutman Pepper

Department Of Labor Extends Family And Medical Leave Act To Same-Gender Couples

Troutman Pepper on

On August 9, the U.S. Department of Labor (DOL) issued regulatory guidance confirming that same-sex married couples are entitled to the same benefits of the Family and Medical Leave Act (FMLA) as heterosexual married couples...more

McNees Wallace & Nurick LLC

DOL Issues Clarification Of FMLA Rights For Same-Sex Spouses

In light of the Supreme Court’s recent decision in United States v. Windsor, the U.S. Department of Labor (DOL) has just issued updated guidance for employers concerning the rights of same-sex spouses under the Family and...more

Cozen O'Connor

DOL Extends FMLA Benefits to Same-Sex Married Couples

Cozen O'Connor on

Same-sex married couples now are eligible for the spousal leave provisions of the Family and Medical Leave Act (FMLA), according to Labor Secretary Thomas E. Perez. This pronouncement comes in light of the Supreme Court’s...more

Baker Donelson

DOL Update on Qualifying Reasons for Leave Fact Sheet

Baker Donelson on

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)....more

Genova Burns LLC

U.S. Department of Labor Extends FMLA Benefits to Same-Sex Spouses in States That Recognize Same-Sex Marriage

Genova Burns LLC on

As reported in the Wall Street Journal (“U.S. Extends Family Leave to Same-Sex Couples,” August 9, 2013, by Melanie Trottman and Kris Maher) and Employment Law 360 (“Labor Dept. Extends FMLA Coverage To Same-Sex Spouses,”...more

Baker Donelson

Time for Employers to Review Their Family Medical Leave Act Policies Following the Supreme Court's Decision to Strike Down DOMA

Baker Donelson on

Employers in the District of Columbia, California, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Rhode Island, Vermont, and Washington should review their Family Medical...more

Fenwick & West LLP

Fenwick Employment Brief - July 2013: DOMA and Prop 8 Rulings Clear the Way for Same-Sex Marriages in California and Require...

Fenwick & West LLP on

In U.S. v. Windsor, the court struck down a portion of the federal Defense of Marriage Act (“DOMA”) as unconstitutional. DOMA, for purposes of federal tax and benefits laws, defined marriage as only between “one man and one...more

Littler

Same-Sex Marriages and Employee Leave Entitlement After Windsor

Littler on

In Windsor v. United States, No. 12-307 (June 26, 2013), the Supreme Court ruled that the section of the Defense of Marriage Act (DOMA) that required federal laws to ignore same-sex marriages that are legally entered into...more

Proskauer Rose LLP

Special Alert for Employers and Other Benefit Plan Sponsors: How Will the Supreme Court's DOMA Decision Impact Your Employee...

Proskauer Rose LLP on

On June 26, 2013, the U.S. Supreme Court issued a decision that will affect virtually all employers across the country. In United States v. Windsor, the Court ruled in a 5-4 decision that Section 3 of the federal Defense of...more

Proskauer Rose LLP

Supreme Court's DOMA Decision Affects Employers' Obligations under the FMLA

Proskauer Rose LLP on

On June 26, 2013, the United States Supreme Court struck down the federal law that defined "marriage" as a legal union between one man and one woman as husband and wife, and "spouse" as a person of the opposite sex who is a...more

FordHarrison

Legal Alert: Illinois Civil Union Law Impacts Employers

FordHarrison on

The Illinois Religious Freedom Protection and Civil Union Act (Public Act 096-1513), which took effect June 1, 2011, provides civil union partners in Illinois all of the legal rights and obligations to which opposite-sex...more

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