The Department of Labor has revised its regulations to the federal Family and Medical Leave Act effective March 27, 2015. The change involves the definition of "spouse," which will now include workers in same-sex marriages. If the same-sex marriage was valid in the state of celebration, the couple are "spouses" within the meaning of the FMLA in any state in which they thereafter reside, whether same-sex marriage is recognized in the state of residence or not.
Thus, eligible employees will be able to take FMLA leave to care for their lawfully married same-sex spouse with a serious health condition; qualifying emergency leave due to their lawfully married same-sex spouse's covered military service; and military caregiver leave for their lawfully married same-sex spouse.
It is important to further note that common law marriage is valid marriage within the meaning of the FMLA, but partners in civil unions or domestic partnerships are not protected under the FMLA.
Finally, eligible employees may take FMLA leave to care for a stepchild as well as FMLA leave to care for a stepparent who is a same-sex spouse of the eligible employee's parent.
http://www.employmentlawman.com/monday-morning-musings.html
Thus, eligible employees will be able to take FMLA leave to care for their lawfully married same-sex spouse with a serious health condition; qualifying emergency leave due to their lawfully married same-sex spouse's covered military service; and military caregiver leave for their lawfully married same-sex spouse.
It is important to further note that common law marriage is valid marriage within the meaning of the FMLA, but partners in civil unions or domestic partnerships are not protected under the FMLA.
Finally, eligible employees may take FMLA leave to care for a stepchild as well as FMLA leave to care for a stepparent who is a same-sex spouse of the eligible employee's parent.
http://www.employmentlawman.com/monday-morning-musings.html
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