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Legally Married Same-Sex Couples are Now Covered by the Family and Medical Leave Act

Effective March 27, 2015, the regulatory definition of “spouse” under the Family and Medical Leave Act (FMLA) will cover same-sex married couples, ensuring that these couples receive the rights and protections afforded under the FMLA in any jurisdiction of the United States in which they reside. This definition applies in jurisdictions, like Puerto Rico, where same-sex marriages are not recognized.

Employer's Lack of FMLA Compliance in Handling FMLA Leave Request is a Lesson for the Rest of Us

Want a glimpse into a world where an employer fails to maintain a legally compliant leave management process? Let me warn you — what you are about to read is not pretty and not for the faint of heart.

New FMLA Regulations Expand the Definition of Spouse to Include Same-Sex Marriages

Rules governing family medical leave for gay couples will soon reflect the rapid changes sweeping the nation. Since the Supreme Court’s 2013 decision in United States v. Windsor, 133 S.Ct. 2675 (2013) courts across the nation have unraveled gay marriage bans in rapid succession, with marriage equality the law of the land in 37 states as of March 1, 2015. Despite the attention to gay marriage bans since Windsor, other large changes have been relatively unreported, such as federal regulations governing same-sex couples. This changed on February 25, 2015.

Check Out ABA's Summary of 2014 FMLA Court Decisions -- An Excellent Resource for Employers

Want to read about nearly FMLA case that was either dismissed or allowed to advance toward trial? Want a snapshot of what employers got right and what they got wrong in the land of FMLA?

eLABORate: New Revisions to the Family Medical Leave Act Expand Coverage

On February 25, 2015, the U.S. Department of Labor finalized a rule which extends the Family Medical Leave Act’s (“FMLA”) protections to married same-sex couples. The rule, originally proposed in June 2014, implements necessary policy changes resulting from the U.S. Supreme Court’s landmark United States v. Windsor decision which overturned the section of the Defense of Marriage Act barring the federal government from recognizing same-sex marriages.

Same-Sex Married Couples Now Have Equal Rights to FMLA Leave Regardless of Their Residence

The U.S. Department of Labor (DOL) has issued a Final Rule revising the regulatory definition of "spouse" under the Family and Medical Leave Act (FMLA) to ensure that same-sex married couples receive the rights and protections under the FMLA without regard to where they reside. The new definition takes effect on March 27, 2015.

Same-Sex Spouses to be Covered by FMLA as of March 27, 2015

On February 25, 2015, the U.S. Department of Labor (DOL) finalized a new rule (which was published in the Federal Register) expanding protections under the Family and Medical Leave Act (FMLA) for same-sex married couples.

Marriage Equality and the FMLA

The Supreme Court’s 2013 ruling in United States v. Windsor created a lot of uncertainty in the area of federal employment benefits. Because the federal government’s definition of marriage as being between one man and one woman was held to be unconstitutional, the decision left open the question of when same-sex couples were eligible for spousal benefits in a variety of contexts. In a move that is sure to simplify issues for multi-state employers, the Department of Labor is taking steps to clarify that issue under the Family & Medical Leave Act (FMLA).

It's March 2015. The DOL's Model FMLA Forms Expired Just Days Ago. Now What?

On February 28, 2015, the DOL’s recommended FMLA forms expired. And on March 1, the sun still rose in the east. Life, as we know it, forged on.

New FMLA Regulations Expand Definition of Spouse and Include Same-Sex Spouses

The U.S. Department of Labor has issued regulations expanding the Department’s definition of “spouse” under the Family and Medical Leave Act of 1993 (FMLA) so as to entitle eligible employees in legal same-sex marriages to take FMLA leave to care for their spouse or covered family member, regardless of where they live. The new regulations are effective March 27, 2015.