Employer Same-Sex Marriage Family Medical Leave Coverage
by
Joseph C. Maya on Jun. 21, 2017
Employment Employment Discrimination Employment Family Medical Leave Act (FMLA)
Summary: A blog post about changes to the definition of the word "spouse" in the Family Medical Leave Act that now allows same-sex couples to take protected leave to care for spouses.
Contact the experienced employment law attorneys at Maya Murphy, P.C. today at (203) 221-3100 or JMaya@Mayalaw.com
The Family Medical Leave Act (FMLA), entitles eligible employees of covered employers to take unpaid, job-protected leave for the care of specified family members, including the employee’s spouse. When drafted, the FMLA did not contain a specific definition of what the term “spouse,” included for medical leave purposes, and as such, the definition was the subject of numerous and intense litigation.
On February 25, 2015, the Department of Labor issued a, “Final Rule,” addressing the issue, and revising the regulatory definition of “spouse,” under the FMLA. The Final Rule amended the definition of spouse under the FMLA so that eligible employees in legal same-sex marriages would be able to take FMLA leave to care for their spouse, regardless of where they lived. This revision of the statute ensures that the FMLA will give spouses in same-sex marriages the same ability as all non-same-sex spouses to fully exercise their FMLA rights.
Within the Final Rule, the Department of Labor provided key clarifications and changes to the protections offered to eligible employees, and the responsibilities now demanded of covered employers. One such clarification is that the Department moved from a “State of Residence,” rule to a “Place of Celebration,” rule for the definition of spouse under the FMLA. The Final Rule changes the regulatory definition of spouse in 29 CFR §§ 825.102 and 825.122(b) to look to the law of the place in which the marriage was entered, as opposed to the law of the state in which the employee resides, for a determination as to whether the partners are legally considered spouses. Such a change in review by the Department of Labor to a Place of Celebration rule allows all legally married couples, whether opposite-sex, same-sex, or married under common law, to have consistent federal family leave rights regardless of where they live. Further, the Final Rule’s definition of spouse expressly includes individuals in lawfully recognized same-sex, common law marriages, and marriages that were validly entered into outside of the United States, if they could have been entered into in at least one state.
It is important for employers to understand their responsibilities under the FMLA when it comes to providing medical leave to same-sex partners. Even if a same-sex marriage is not allowable under the employer’s home state, the new definition of “spouse,” under the FMLA may still require that the employer provide FMLA benefits to its employees.
If you are an employer and are seeking compliance with the FMLA, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.
Source: 29 CFR
