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DOL Extends FMLA Leave Rights to Eligible Workers in Same-Sex Marriages
In a news release dated February 23, 2015, the U.S. Department of Labor communicated its update to the Family Medical Leave Act's (FMLA) definition of a "spouse." This new rule effectively updates the FMLA regulatory definition of "spouse" so that an eligible employee in a legal same-sex marriage will be able to take FMLA leave for his or her spouse regardless of the state in which the employee resides.
As outlined under the new rule, the DOL has moved from a "state of residence" rule to a "place of celebration" rule where the law looks at a the place in which the marriage was entered into, as opposed to the law of the state in which the employee resides. A place of celebration rule allows all legally married couples, whether opposite-sex or same-sex, or married under common law, to have consistent federal family leave rights regardless of where they live.
The new definition, which focuses on the "place of celebration," takes effect March 27, 2015.
We have provided some web-links below for additional reference and clarification.
http://www.dol.gov/whd/fmla/spouse/factsheet.pdf
http://www.dol.gov/whd/fmla/spouse/faq.htm