United States:
Legally-Married Spouses, Including Same-Sex Couples, Now Enjoy FMLA Protection Regardless Of Law Of Residence
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On February 25, 2015, the federal Department of Labor
("DOL") issued a Final Rule revising the definition of the term
"Spouse" under the federal Family and Medical Leave Act
("FMLA") regulations. The FMLA affords eligible employees
of covered employers with job-protected leave, including to care
for a spouse, stepchild or stepparent. Under the Final Rule,
eligible employees in marriages recognized under the law where the
marriage took place will be eligible for FMLA protections
regardless of the law of their state of residence. According to the DOL, this rule "allows
all legally married couples, whether opposite-sex or same-sex, or
married under common law, to have consistent federal family leave
rights regardless of where they live."
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.
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