FMLA Same-Sex Spouse Benefits Rule on Hold

Author: Ashley Shaw, XpertHR Legal Editor

March 27, 2015

A federal district court has granted a request by the State of Texas to temporarily block implementation of a final Department of Labor (DOL) regulation requiring Family and Medical Leave Act (FMLA) benefits to be extended to same-sex couples legally married in a state that recognizes such marriages, even if they live in a state that does not recognize such marriages. The final regulation would have gone into effect today if not for the stay granted by the court.

Texas, which does not recognize same-sex marriage, argued that implementation of the regulation would violate Section 2 of the Defense of Marriage Act and force Texas state agencies and employers to violate state law. Three other states that do not recognize such marriages - Arkansas, Louisiana and Nebraska - joined in the lawsuit.

In agreeing with Texas, the court rejected the DOL's argument that the final regulation would only affect employers. Instead, the court determined that the language of the final regulation is much broader and encompasses all state agencies in addition to employers, and that it would cause confusion as to the applicable law.

The court temporarily stayed the regulation pending a final determination of the issue.