U.S. Labor Secretary Proposes Rule to Extend FMLA to Eligible Employees in Same-Sex Marriages

U.S. Secretary of Labor Thomas E. Perez announced a proposed rule extending the protections of the Family and Medical Leave Act to all eligible employees in legal same-sex marriages, regardless of where they live. A statement said the rule will help ensure that all families have the flexibility to deal with serious medical and family situations without fearing the threat of job loss.

Secretary Perez proposed the rule based on the Supreme Court’s decision in United States v. Windsor, in which the court struck down the Defense of Marriage Act provision that interpreted “marriage” and “spouse” as limited to opposite-sex marriage for the purposes of federal law.

The proposed rule would change the FMLA definition of “spouse” so that an eligible employee in a legal same-sex marriage can take FMLA leave for his or her family member regardless of the state in which the employee resides. Currently, the regulatory definition of “spouse” applies only to same-sex spouses residing in a state that recognizes same-sex marriage. Eligibility for FMLA protections would be based on the law of the place where the employee entered into marriage, allowing all legally married couples to have consistent federal family leave rights, regardless of whether the state in which they currently reside recognizes such marriages.

Following the Windsor decision, President Obama directed the Attorney General to work with the Cabinet to review federal statutes to ensure the decision, including its implications for federal benefits and obligations, is implemented.

For more FMLA information, including fact sheets on the proposed revisions, visit http://1.usa.gov/1qEES11. The regulation identification number is 1235-AA09.