News & Analysis as of September 22, 2024

Same-Sex Marriage › Leave of Absence

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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 -

DOL Issues Final Rule Redefining “Spouse” Under FMLA

Proskauer - Law and the Workplace on 3/1/2015

Last Wednesday the Department of Labor (DOL) issued its Final Rule revising the definition of “spouse” under the Family and Medical Leave Act....more

DOL Issues Final Rule Providing FMLA Rights To All Workers in Legal Same-Sex Marriages

Cozen O'Connor on 2/26/2015

The Department of Labor issued its Final Rule on Family Medical Leave Act (FMLA) rights on February 25, joining the Internal Revenue Service in adopting the “place of celebration”/“state of celebration” test. By virtue of...more

DOL Issues Final FMLA Rule that Offers Equal Leave Rights to Same-Sex Spouses

Dorsey & Whitney LLP on 2/26/2015

This week, the U.S. Department of Labor (“DOL”) announced its final rule regarding the definition of “spouse” for purposes of the Family and Medical Leave Act. The rule changes the definition of the term “spouse” from one...more

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

Hinshaw & Culbertson LLP on 2/26/2015

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

Federal FMLA Regulations Recognize Same-Sex Marriages

Pullman & Comley - Labor, Employment and... on 2/24/2015

The U.S. Department of Labor today announced changes to the regulations that define a “spouse” for purposes of the federal Family and Medical Leave Act. The changes fully implement the U.S. Supreme Court’s decision in United...more

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

Baker Donelson on 7/17/2014

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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