Content Updated to Reflect Same-Sex Marriage Lawsuits' Impact on the FMLA

Author: Melissa Burdorf, XpertHR Legal Editor

The FMLA: Kentucky and FMLA: Virginia sections of the Employment Law Manual have been updated to reflect two recent court cases that impact the rights of same-sex couples in both states. While federal benefits, including Family and Medical Leave Act leave, are not currently available to same-sex couples living in either state on the same terms and conditions as heterosexual couples, this may change depending on the outcome of these cases.

The cases at issue are Bourke v. Beshear, +2014 U.S. Dist. LEXIS 17457 (W.D. Ky. February 12, 2014) and Bostic v. Rainey, +2014 U.S. Dist. LEXIS 19110 (E.D. Va. February 13, 2014).