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DOL Proposes Expansion of FMLA Benefits to Same-Sex Spouses

June 25, 2014 by

The U.S. Department of Labor this month proposed new Family Medical Leave Act regulations modifying the definition of “spouse” to include same-sex spouses.

The current regulations define “spouse” based on employee’s home-state definition of “spouse.” So if same-sex marriage is not legal in the state where the employee resides, the employee is not eligible for FMLA leave to care for his/her same-sex spouse. The proposed amendments change the definition of “spouse” to look at the law of the state where the employee got married. The proposed rule would allow all legally married couples, whether opposite-sex or same-sex, to have the same rights under FMLA regardless of where they live.

The proposed changes would also allow an employee to take FMLA leave to care for his/ her same-sex spouse’s child. The current rules permit FMLA leave for an employee to provide care for his/her same-sex partner’s child if the employee provides day-to-day care or financial support for the child. Eligible employees would also be able to take FMLA leave to care for their parent’s same-sex spouse regardless of whether the step-parent ever acted as a parent toward the employee while the employee was a child.

The proposed regulations, if enacted, will ensure that all employees in legal marriages will have the same rights regarding FMLA regardless of where they live. The proposal will now go through the public rulemaking process before becoming final.

The material on this website is provided by Beeson, Tayer & Bodine for informational purposes only and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any of the information presented. Some of the articles are updated periodically, and are marked with the date of the last update. Again, readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.