FMLA Final Rule Broadens Same-Sex Spouse Coverage: Various Documents Updated

Author: XpertHR Editorial Team

The US Department of Labor published a Final Rule revising the definition of spouse under the Family and Medical Leave Act (FMLA). The new definition, which took effect March 27, 2015, looks to the law of the state in which an employee got married ("state of celebration"), rather than where the employee lives. As a result, same-sex spouses legally wed in a state that recognizes same-sex marriages are eligible for FMLA spousal leave, regardless of their current state of residence.

However, on March 26, a federal district court in Texas granted an injunction preventing the new definition from taking effect in Texas as well as the other three states involved in the lawsuit - Arkansas, Louisiana and Nebraska. At this time, it is unclear what the impact of the ruling is on private employees in those four states or employers in states not involved in the lawsuit. The US Department of Labor has indicated in a court filing, however, that it interprets the injunction as precluding enforcement of the new rule only for public employers in Texas, Arkansas, Louisiana and Nebraska.

In light of this development, the following sections of the Employment Law Manual were updated:

• FMLA: Federal, States;
• Other Leaves: Federal, California, District of Columbia, Hawaii, Illinois, Minnesota, New Jersey, New Mexico, Rhode Island, Utah; and
• Multistate Employer.

These documents were also updated:

• FMLA Supervisor Briefing;
• Family and Medical Leave Handbook Statement: Federal;
• Family and Medical Leave (FMLA) Policy;
• How To Prevent Discrimination Based on Sexual Orientation and Gender Identity;
• The Bermuda Triangle Has Expanded: The FMLA's Intersection with the ADA, Workers' Compensation and More; and
• Transgender Employees and Applicants in the Workplace.

Finally, a Legal Timetable entry was added.