If an employer is in a state that recognizes same-sex marriages, does the employer need to provide Family and Medical Leave Act (FMLA) leave to an employee that wants to take care of his or her same-sex spouse?
Author: Demetrius O. Holloway, Stites & Harbison
No. Couples in same-sex marriages are not recognized as spouses under the FMLA because federal law does not recognize such marriages under the Defense of Marriage Act. +1 USC § 7; +28 USCS § 1738C. However, if a state recognizes same-sex marriages and has a state family and medical leave law, the employer may need to provide leave under the state law.