FMLA covers same-sex spouse regardless of state of residence


The U.S. Department of Labor recently announced a proposed rule extending the protections of the Family Medical Leave Act (FMLA) to all qualified employees in legally recognized same-sex marriages regardless of where they live. The change comes in response to the Supreme Court’s ruling striking down a key provision of the Defense of Marriage Act (DOMA) as unconstitutional.   Initially, guidance only expanded benefits to same-sex married couples residing in states where same-sex marriage is recognized.  Now the definition is broadened to recognize legally married individuals under any state law, regardless of residence (sometimes referred to as “place of celebration”).

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