News & Analysis as of

Family and Medical Leave Act (FMLA) Spouses

McAfee & Taft

So… are they married or not? - Gavel to Gavel

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Oklahoma remains one of about only a dozen states that recognize common law marriages. Despite the Legislature’s sporadic attempts to effectively abolish such marriages, the Oklahoma Supreme Court has recently determined in...more

Fisher Phillips

South Carolina Abolishes Common-Law Marriage: The Impact On Workplace Law

Fisher Phillips on

The South Carolina Supreme Court just ruled that the state will no longer recognize common-law marriages. This decision will have a direct impact on South Carolina workplace law, requiring many employers to adjust their...more

Jackson Lewis P.C.

Employers Beware: SC Abolishes Common-Law Marriage

Jackson Lewis P.C. on

On July 24, 2019, South Carolina joined the ranks of Alabama, Pennsylvania, and others in abolishing future recognition of common law marriages in the state. The state will continue to recognize all common law marriages in...more

Franczek P.C.

The FMLA Marriage Penalty: When Spouses Work for the Same Employer

Franczek P.C. on

One FMLA rule that tends to fly under the radar is the amount of FMLA leave available to married couples who work for the same employer. Under 29 CFR 201(b), married couples in this situation can be required to share a...more

Laner Muchin, Ltd.

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

Laner Muchin, Ltd. on

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

Akerman LLP - HR Defense

Effective Management of Employee Medical Issues in 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

Manatt, Phelps & Phillips, LLP

Employment Law - July 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

Winstead PC

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

Winstead PC on

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

Kelley Drye & Warren LLP

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

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

McGuireWoods LLP

FMLA’s Expanded Definition of “Spouse” Now Effective in All States

McGuireWoods LLP on

As discussed in our prior article, the U.S. Department of Labor (DOL) promulgated a final rule on February 25, 2015 that, effective March 27, modified the federal Family and Medical Leave Act’s (FMLA) definition of “spouse”...more

Cranfill Sumner LLP

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

Cranfill Sumner LLP on

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

Miller Canfield

Same-Sex Marriage Ruling Will Impact Employers

Miller Canfield on

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

Obermayer Rebmann Maxwell & Hippel LLP

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

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

Franczek P.C.

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

Franczek P.C. on

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

Nossaman LLP

New CFRA Amendments Take Effect July 1

Nossaman LLP on

On July 1, 2015, as previously reported, new California Family Rights Act ("CFRA") regulations will take effect. These amended regulations clarify areas of confusion and bring the CFRA into closer alignment with its federal...more

Butler Snow LLP

New DOL Rule Redefining “Spouse” Temporarily Placed on Hold

Butler Snow LLP on

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

Cranfill Sumner LLP

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

Cranfill Sumner LLP on

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

Snell & Wilmer

State of Celebration Standard Now in Effect for FMLA

Snell & Wilmer on

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

Genova Burns LLC

Same-Sex Couples Now Receive Equal Coverage Under The FMLA

Genova Burns LLC on

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

FordHarrison

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

FordHarrison on

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

Baker Donelson

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

Baker Donelson on

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

Constangy, Brooks, Smith & Prophete, LLP

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

Miller & Martin PLLC

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

Miller & Martin PLLC on

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

Lowndes

FMLA Leave Extended to Legally Married Same-Sex Spouses

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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

Polsinelli

FMLA Rights Extend to Same Sex Spouses

Polsinelli on

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

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