The U.S. Department of Labor changed the Family and Medical Leave Act to recognize legal same-sex marriages. The new rule updates the definition of “spouse” under the FMLA so an employee who is in a legal same-sex marriage can take leave to care for his/her spouse, regardless of the state in which the employee resides. Prior to this rule, if the employee resided in a state that did not recognize same-sex marriage, the employee could not take FMLA leave to care for that spouse. The new rule follows the “place of celebration” approach which provides that once a couple is legally married in a state, that marriage will be recognized in other states.
This new rule is in keeping with the U.S. Supreme Court ruling in United States v. Windsor, which struck down parts of the Defense of Marriage Act. Now, all legally married couples, whether opposite-sex or same-sex, will have consistent rights under the FMLA. The rule is effective March 27, 2015.
