A proposal from the Obama administration last month is the latest move to provide workplace equality for same-sex couples, and it could mean that even in states that don't recognize same-sex marriage, like Texas.
The proposal would extend Family and Medical Leave Act benefits to spouses in same-sex couples, allowing a spouse to use FMLA to care for their significant other or family member.
Texas' ban on same-sex marriage has been deemed unconstitutional.
While the proposal might muddy the waters on what is required and what isn't today, there is no need to run to the human resources officer to rewrite any policy just yet, says Strasburger & Price LLP partner, Jana Woelfel, who focuses on labor and employment issues in the Dallas-based law firm's Houston office.
The law as it stands today is unchanged, she said. The proposal opens the door for public comment and will remain open until the middle of August. However, despite the fact that it has not gone into effect, there is still significance in the proposal.
"It's a symbolic move to recognize the number of states that have expanded gay marriage or same-sex marriage in the last few years through legislation and court proceedings," she said.
Houston has come in the spotlight recently for its equal rights ordinance, signed by Mayor Annise Parker in May. And Parker's story itself has become important in the movement toward equal rights for the LGBT community, being the first openly gay mayor of a major U.S city.
Woelfel said she isn't certain as to why the Obama administration focused on FMLA, but she assumed it was because of the "broad brush strokes" that FMLA leave has across America, meaning almost everyone can relate to it.
Even if the proposal does become a federal law, it will not have a massive impact on Texas companies, she said. Most national companies that operate in Houston have voluntarily taken steps to implement such policies. For small businesses, FMLA benefits only affect companies with more than 50 employees inside a 75-mile radius of the company's work site. That significantly narrows the scope of the proposal, she said.
"Ultimately, I do not think there will be a large percentage of employers in Texas who will have to make significant changes to their policies."
Originally published in Houston Business Journal
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
