Family Medical Leave Act US v Windsor

The Family Medical Leave Act is a United States federal statute enacted in 1993 to protect employees from negative employment consequences associated with family illness. The FMLA allows covered employees to take... more +
The Family Medical Leave Act is a United States federal statute enacted in 1993 to protect employees from negative employment consequences associated with family illness. The FMLA allows covered employees to take up to twelve weeks of unpaid, job-protected leave, in order to care for a qualified family member or address a personal medical issue.   Situations covered under the Act include: birth of a child and care of a newborn; placement of an adopted or foster child; serious illness of an employee's spouse, child or parent;  serious illness of the employee that affects ability to perform his/her job; situations arising out of an employee's spouse, child or parent's active military service. Employees who take leave to care for a seriously injured family servicemember are eligible for longer periods of covered leave.  less -
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New DOL Rules Incorporate Windsor to Extend FMLA Leave to LGBT Families

The Supreme Court's historic ruling in United States v. Windsor was a big win for advocates of lesbian, gay, bisexual and transgender (LGBT) rights. Declaring the federal government's restriction of marriage to heterosexual...more

BREAKING: FMLA “Spousal” Rule On Hold For Now

The new rule defining “spouse” for purposes of leave under the Family and Medical Leave Act was set to take effect today. But a federal judge in Texas yesterday temporarily blocked the rule from going into effect after...more

What Employers Should Know about the FMLA and Same-Sex Marriages under New Department of Labor Rules

After the 2013 Supreme Court decision in United States v. Windsor, federal agencies have been moving to align federal policies and procedures with the holding of that case. ...more

FMLA Leave Extended to Legally Married Same-Sex Spouses

Effective March 27, 2015, the U.S. Department of Labor’s regulations interpreting the Family and Medical Leave Act (“FMLA”) expands coverage to legally married same-sex spouses, even if the employee lives in a state that does...more

FMLA Rights Extend to Same Sex Spouses

The Department of Labor recently published its final rule amending the definition of “spouse” in the Family Medical Leave Act ("FMLA") regulations to include eligible employees in legal same-sex marriages. Beginning on March...more

FMLA Recognizes Same-Sex Marriages

The U.S. Department of Labor (DOL) has revised the definition of “spouse” under the Family and Medical Leave Act (FMLA) to include marriages legally entered into by same-sex couples. This revision expands the FMLA’s reach...more

Redefining the Term "Spouse" Under the FMLA

For employers that operate in states that do not recognize same-sex marriage and for those that operate in multiple states, the Family Medical Leave Act's (FMLA) application to same-sex partners of employees has been a...more

FMLA To Cover Legally Married Same-Sex Spouses Beginning Next Week: What This Means For Employers

Effective March 27, 2015, the U.S. Department of Labor’s regulations interpreting the Family and Medical Leave Act (“FMLA”) expand coverage to legally married same-sex spouses, even if the employee lives in a state that does...more

New Rule Defining Spouse Under the FMLA - Becomes Effective March 27, 2015

The Department of Labor has enacted a final rule updating the regulatory definition of “spouse” under the FMLA. This rule will provide the same benefits to any employee in a legal same sex marriage, if the marriage was legal...more

New FMLA Regulations Expand the Definition of Spouse to Include Same-Sex Marriages

Rules governing family medical leave for gay couples will soon reflect the rapid changes sweeping the nation. Since the Supreme Court’s 2013 decision in United States v. Windsor, 133 S.Ct. 2675 (2013) courts across the nation...more

Revised Definition of "Spouse" Under FMLA Incorporates Same-Sex Marriages

The Department of Labor has issued a final rule that amends its FMLA regulations and provides employees in same-sex marriages the right to take leave to care for a spouse with a serious medical condition. The new rule,...more

Department of Labor Announces Expansion of FMLA Rights to Same-Sex Couples

The United States Department of Labor issued a groundbreaking rule change last week, granting couples in legal, same-sex marriages the same rights as those in opposite-sex marriages under the Family Medical Leave Act (FMLA)....more

DOL Extends FMLA Spousal Leave Rights to Same-Sex Spouses in All States

On February 23, 2015, the U.S. Department of Labor (DOL) Wage and Hour Division published its final rule regarding the definition of “spouse” under the Family and Medical Leave Act (FMLA). Specifically, the rule recognizes...more

Locke Lord QuickStudy: FMLA Rule Revises Definition of Spouse - The FMLA Extends Leave Rights to Individuals in Same-Sex and...

A Final Rule issued by the Department of Labor (DOL) on February 23, 2015 has revised the definition of “spouse” under the Family and Medical Leave Act (FMLA) to include individuals in legally recognized same-sex and...more

Same-Sex Married Couples Now Have Equal Rights to FMLA Leave Regardless of Their Residence

March 3, 2015 Authors: Jean L. Schmidt The U.S. Department of Labor (DOL) has issued a Final Rule revising the regulatory definition of "spouse" under the Family and Medical Leave Act (FMLA) to ensure that same-sex married...more

DOL Publishes New FMLA Regulations That Redefine "Spouse"

The Final Rule takes effect on March 27 and redefines “spouse” under the FMLA to reflect the law in the state where the marriage was performed. On February 25, the U.S. Department of Labor (DOL) published a final rule...more

DOL Issues Final Rule Amending FMLA Definition of “Spouse” to Include Same-Sex Marriages

The U.S. Department of Labor has issued a final rule amending the regulatory definition of “spouse” under the Family and Medical Leave Act (“FMLA”). We earlier reported on the DOL’s proposed rule to this effect, which is now...more

DOL Extends FMLA Leave to More Same-Sex Couples

On February 23, 2015, the U.S. Department of Labor (“DOL”) published a final rule amending the definition of “spouse” under the Family and Medical Leave Act (“FMLA”) to include all individuals in legal marriages. This new...more

DOL Extends FMLA Protection to Same-Sex Spouses

The U.S. Department of Labor (DOL) recently issued a final rule amending its definition of “spouse” under the Family and Medical Leave Act (FMLA) to extend FMLA protection to legally married employees with same-sex spouses,...more

Department of Labor Expands FMLA Coverage for Same-Sex Spouses

Same-sex spousal rights, particularly in the area of employment law, are in a state of flux. This conundrum will hopefully be resolved later this year when the U.S. Supreme Court issues a ruling on a collection of four cases...more

Department of Labor: Married Same-Sex Couples Have FMLA Rights Regardless of State of Residence

The U.S. Department of Labor ("DOL") recently announced its Final Rule changing the definition of "spouse" in the Family and Medical Leave Act ("FMLA") to include most same-sex married couples. The Final Rule becomes...more

DOL Issues Final Rule Extending FMLA Leave Rights to Same-Sex Couples: Here's Everything Employers Need to Know

The Department of Labor has issued a final rule that will 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. This...more

In Florida, Recognition of Same-Sex Marriage Will Impact Employers

On January 6, Florida became the 36th state to recognize same-sex marriage. This development came as the result of several recent state and federal court decisions finding Florida's ban on same-sex marriage an...more

Developments Impacting Benefits for Same-Sex Spouses

As federal and state agencies and courts further examine the implications of the Supreme Court of the United States’ ruling on same-sex marriage in U.S. v. Windsor, the laws and regulations governing employee benefits for...more

DOL Proposes Rulemaking to Amend Definition of "Spouse" for FMLA

In 2013, the United States Supreme Court held, in U.S. v. Windsor, that the Defense of Marriage Act's limitation of "marriage" and "spouse" to heterosexual couples was unconstitutional. Thereafter, President Obama instructed...more

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