News & Analysis as of September 22, 2024

Spouses

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Same-sex marriage refers to marriage between two individuals of the same sex. Historically, such marriages have not been legally recognized. However, there has been a growing trend to expand marriage rights to same-sex couples. The United States Supreme Court addressed aspects of this issue in Windsor v. United States and Hollingsworth v. Perry. less -

Obergefell Ruling Reaffirms That Employees In Same-Sex Marriages Have FMLA Rights

Laner Muchin, Ltd. on 8/28/2015

Earlier this year, the U.S. Department of Labor (DOL) issued a final rule defining “spouse” under the Family and Medical Leave Act (FMLA) so that an eligible employee in a same-sex marriage is able to take FMLA leave to care...more

Effective Management of Employee Medical Issues in 2015

Akerman LLP - HR Defense on 8/26/2015

Compliance with the Family & Medical Leave Act and the Americans with Disabilities Act continues to cause issues for even the most experienced workplace professionals. In recent years, both the FMLA and ADA have expanded...more

Employment Law - July 2015

Manatt, Phelps & Phillips, LLP on 7/13/2015

The Impact of National Same-Sex Marriage for Employers - Why it matters: How will employers feel the impact of the U.S. Supreme Court’s decision in Obergefell v. Hodges? The landmark ruling that the Fourteenth...more

Supreme Court Decision Entitles Married Same-Sex Couples to Spousal Leave under the FMLA

Winstead PC on 7/9/2015

On June 26, 2015, the U.S. Supreme Court issued its ruling Obergefell v. Hodges, giving same-sex couples the right to marry in all 50 states. The Court held that the U.S. Constitution requires states to license a marriage for...more

The Supreme Court’s Same-Sex Marriage Ruling & Its Employment Implications

Kelley Drye & Warren LLP on 7/8/2015

Unless you’ve been living under a rock, you probably are well aware that on June 26, 2015, the U.S. Supreme Court ruled that same sex couples have a constitutional right to marry and have their marriages recognized across the...more

What Will Employers Likely See (or Not See) in the Wake of the Supreme Court's Same-Sex Marriage Decision?

Cranfill Sumner LLP on 7/3/2015

Now that the hubbub surrounding the Supreme Court’s June 26 decision in the consolidated case of Obergefell v. Hodges has begun to level off, employers are wondering how the decision will impact their workplaces. (In case...more

Same-Sex Marriage Ruling Will Impact Employers

Miller Canfield on 6/30/2015

On Friday, June 26, 2015, the U.S. Supreme Court issued its ruling in Obergefell v. Hodges, a landmark decision in which it held all state laws banning same-sex marriage to be unconstitutional. The effect of this decision is...more

Same Sex Marriage is the Law of the Land: What Next for FMLA Benefits

Obermayer Rebmann Maxwell & Hippel LLP on 6/30/2015

FMLA Rights: Earlier this year, HR Legalist announced the U.S. Department of Labor’s (DOL) Final Rule (29 C.F.R. § 825.102) that changed the regulatory definition of “spouse” under the Family and Medical Leave Act...more

Now That Same-Sex Marriage is a Constitutional Right, How Do Employers Administer FMLA Leave?

Franczek P.C. on 6/29/2015

Earlier this year, the Department of Labor issued a final rule allowing an otherwise eligible employee to take FMLA leave to care for a same-sex spouse, regardless of whether the employee lives in a state that recognized...more

New DOL Rule Redefining “Spouse” Temporarily Placed on Hold

Butler Snow LLP on 4/27/2015

A new Department of Labor rule defining “spouse” for purposes of the Family and Medical Leave Act (“FMLA”) was to take effect March 27, 2015, but on March 26, a federal judge in Texas granted a preliminary injunction staying...more

Texas Judge Blocks FMLA Same-Sex Spouse Rule in Four States

Cranfill Sumner LLP on 4/10/2015

The Department of Labor’s same-sex spouse rule under the Family and Medical Leave Act was supposed to go into effect on March 27. At the 11th hour, however, a federal judge in Texas stepped in and preliminarily enjoined...more

State of Celebration Standard Now in Effect for FMLA

Snell & Wilmer on 4/6/2015

In a previous blog, I wrote about regulations issued by the Department of Labor (“DOL”) proposing to revise the regulatory definition of “spouse” under the Family and Medical Leave Act (“FMLA”) to be based on the law of the...more

Same-Sex Couples Now Receive Equal Coverage Under The FMLA

Genova Burns LLC on 4/2/2015

On Friday, March 27, 2015, the Department of Labor (“DOL”)’s new regulation revising the definition of “spouse” to include those in same-sex marriages went into effect expanding the definition of spouse under the Family and...more

DOL Defines a Married, Same-Sex Partner as a "Spouse" under the FMLA

FordHarrison on 4/2/2015

Effective March 27, 2015, the Family and Medical Leave Act (FMLA) is revised to define a "spouse" to include married, same-sex partners regardless of the state in which they reside. This change gives same-sex couples the...more

Federal Judge Blocks Department of Labor Rule Expanding FMLA to Same-Sex Couples

Baker Donelson on 4/1/2015

On Thursday, March 26, a federal district court in the Northern District of Texas granted an injunction blocking the U.S. Department of Labor (DOL) from enacting a new rule under the Family and Medical Leave Act (FMLA) that...more

BREAKING: FMLA “Spousal” Rule On Hold For Now

Constangy, Brooks, Smith & Prophete, LLP on 3/30/2015

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

DOL Issues Final Rule Regarding the Definition of "Spouse" Under the FMLA

Miller & Martin PLLC on 3/20/2015

In another effort to remedy the chaos caused by the U.S. Supreme Court’s overturn of the DOMA in June of 2013, the Department of Labor (DOL) has issued its final rule defining who is a “spouse” for purposes of the federal...more

FMLA Leave Extended to Legally Married Same-Sex Spouses

Lowndes on 3/19/2015

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 Recognizes Same-Sex Marriages

Partridge Snow & Hahn LLP on 3/18/2015

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

Baker Donelson on 3/18/2015

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

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

Stinson LLP on 3/11/2015

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 Will Affect Texas Employers

Cozen O'Connor on 3/11/2015

Texas does not recognize same sex marriage, so the natural thought would be to deny a request for an employee to take FMLA leave to care for his or her same sex “spouse” from a marriage in another state. ...more

DOL Amends Rules to Extend FMLA Benefits to More Same-Sex Spouses

Parker Poe Adams & Bernstein LLP on 3/6/2015

Last week, the Department of Labor issued new regulations changing the definition of “spouse” under the Family and Medical Leave Act. Eligible employees may take FMLA leave to care for a spouse with a serious health...more

Same-Sex Marriage Partners Now Covered by FMLA

Weintraub Tobin on 3/4/2015

On February 25, 2015, the United States Department of Labor issued new rules designed to revise the regulatory definition of “spouse” under the Family and Medical Leave Act of 1993 (“FMLA”). ...more

Same-Sex Spouses to be Covered by FMLA as of March 27, 2015

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/3/2015

On February 25, 2015, the U.S. Department of Labor (DOL) finalized a new rule (which was published in the Federal Register) expanding protections under the Family and Medical Leave Act (FMLA) for same-sex married couples. ...more

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