FMLA covers same-sex spouse regardless of state of residence

07/02/2014

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”).

For more information, visit http://www.dol.gov/whd/fmla/nprm-spouse/.