Proposed Changes to FMLA Rules

Posted by BAS - 03 July, 2014

header-picture

The U.S. Department of Labor announced proposed changes to the Family and Medical Leave Act to provide same-sex spouses the same protections as opposite-sex spouses. 

Last year, the Supreme Court, in U.S. v. Windsor, struck down portions of the Defense of Marriage Act and ruled that marriage could not be limited to only people of the opposite sex.  Within the year after the Windsor decision, many federal statutes have been modified to apply to spouses of the same sex. 

The FMLA is the latest federal law to provide same-sex spouses the same protections as opposite-sex spouses. 

The Department of Labor’s proposed rule suggests revising the definition of spouse under the FMLA. Presently, a spouse is recognized as such only if the marriage was lawful in the state in which the individual seeking FMLA leave resides.  Under the proposed rule, marriage would be recognized so long as the marriage was lawful in the state in which it was performed, regardless of where the individual seeking FMLA leave resides.  This is being deemed the “state of celebration” rule.  This rule would change the FMLA rules to protect same-sex couples who are legally married in a state that recognizes same-sex marriages, but then later move to a state that does not recognize marriages of the same sex. 

A comment period on the proposed rule is available.  If the rule becomes final, employers will have to review their FMLA policies to make sure spouse is defined correctly.


Recent Posts

Question of the Week - Allergy Medicine

read more

New Guidance on Tracking Technologies and HIPAA

read more

Enhancing Benefits Administration Efficiency: MyEnroll360's New Hire Waiting Period Management

read more