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DOL Guidance Clarifies FMLA Rights for Same-Sex Couples

It has been nearly two months since the U.S. Supreme Court nullified Section 3 of the Defense of Marriage Act ("DOMA"). Yet, the Administration has been largely silent on its interpretation of how the Supreme Court's decision affects the 1,100 plus federal laws that use the term "spouse...

FMLA Now Covers Same-Sex Spouses (Sort Of)

Ever since the Supreme Court invalidated the Defense of Marriage Act in U.S. v. Windsor [ an enhanced version of this opinion is available to lexis.com subscribers ], there has been a lot of hand-wringing over what the decision actually means and its impact on our employment laws. Windsor held that DOMA’s...

Changes Ahead for FMLA Spouse Definition

The Department of Labor (DOL) will soon publish a Notice of Proposed Rulemaking regarding the definition of "spouse" under the Family and Medical Leave Act (FMLA). The new rule will enlarge the definition of spouse and likely simplify administration for employers. In August 2013, the DOL issued...

New Department of Labor Regulations for Same-Sex "Spouse" Under FMLA

Tomorrow, the Department of Labor will publish a Final Rule to Revise the Definition of “Spouse” Under the FMLA (including links to additional information). Per the DOL, the "major features" are: • The Department has moved from a “state of residence” rule...

Marriage Equality and the FMLA

The Supreme Court’s 2013 ruling in United States v. Windsor created a lot of uncertainty in the area of federal employment benefits. Because the federal government’s definition of marriage as being between one man and one woman was held to be unconstitutional, the decision left open the question...

FMLA’s “Same-Sex Spouse” Rule On Hold, For Now

Today, the new rule that would permit FMLA benefits for same-sex spouses was to take effect. However, late yesterday, a federal judge in Texas granted a preliminary injunction [pdf] temporarily halting the rule . The plaintiffs—the attorney generals of four states that do not recognize same...