The U.S. Department of Labor announced yesterday that workers in legal, same-sex marriages—regardless of where they live—will now have the same rights as those in opposite-sex marriages to federal job-protected leave under the Family and Medical Leave Act to care for a spouse with a serious health condition.
The announcement comes not quite nine months after the DOL issued a proposed rule to change the FMLA’s definition of “spouse” in the wake of the Supreme Court’s Windsor decision.
That June 2013 ruling, of course, struck down the Defense of Marriage Act’s provision interpreting “marriage” and “spouse” to be limited to opposite-sex marriage for the purposes of federal law.
According to the DOL, the rule change updates the FMLA regulatory definition of “spouse” such that an eligible employee in a legal same-sex marriage will be able to take FMLA leave for his or her spouse, regardless of what state the employee calls home. The previous regulatory definition of “spouse” didn’t extend to same-sex spouses if an employee resided in a state that did not recognize the employee’s same-sex marriage.
Under the new rule, eligibility for federal FMLA protections is based on the law of the place where the marriage was entered into, according to the DOL. This “place of celebration” provision allows all legally married couples, whether opposite-sex or same-sex, to have consistent federal family leave rights regardless of whether the state in which they currently reside recognizes such marriages.
We’ll see what this means for employers and HR. But yesterday’s announcement marks a step toward fulfilling the “basic promise of the FMLA,” said U.S. Secretary of Labor Thomas E. Perez in announcing the updated rule.
That guarantee, he said, “is that no one should have to choose between the job and income they need, and caring for a loved one.
“With our action today, we extend that promise so that no matter who you love, you will receive the same rights and protections as everyone else,” added Perez. “All eligible employees in legal same-sex marriages, regardless of where they live, can now deal with a serious medical and family situation like all families—without the threat of job loss.”Twitter It!