Family and Medical Leave law now covers gay marriage

The federal Family and Medical Leave Act (“FMLA”) allows many employees to take up to 12 weeks of unpaid leave to care for a spouse who has a serious medical condition. Recently, the U.S. Department of Labor approved a new rule saying that this includes spouses in same-sex marriages.
According to the Department of Labor, a marriage is valid for FMLA purposes as long as it was performed in a state that recognizes same-sex marriage – even if the employee lives or works in a state that doesn’t.

It’s important to note that this rule will now apply in all states in light of the even-more-recent U.S. Supreme Court ruling on June 26, 2015 that state laws excluding same-sex couples from marrying are invalid, states must recognize lawful same-sex marriages performed in other states, and the Fourteenth Amendment requires states to permit same-sex persons to marry.

Therefore, business owners and managers should be aware of these recent changes to the law to ensure compliance with FMLA.