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