DOL’s Proposed Rule to Expand FMLA Protections for Same-sex Spouses

The Family and Medical Leave Act (FMLA) allows certain employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons.  While there are federal guidelines, each state is free to make its own rules regarding FMLA.

On June 20, 2014, the Department of Labor issued a proposed rule that would expand the protections and revise the definition under FMLA.

In particular, there would be a “place of celebration” rule instead of a “state of residence rule” to ensure that all legally married couples will have consistent FMLA rights.

The proposed rule also expressly includes same-sex marriages, to go along with common-law marriages.

This is a rule that will have a large impact on many employers and is important to understand.  You can read more in the bulletin below.

Proposed Rule Expands FMLA Protections for Same-sex Spouses

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