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.