FMLA Now Covers All Same Sex Couples

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FMLA Now Covers All Same Sex Couples

FMLA Now Covers Same Sex Spouses – FMLA Update!
Starting March 27, 2015 all legally married same-sex couples will be eligible for leave under the Family Medical Leave Act. No longer applying the state of residence rule it adopted in August 2013, the Department of Labor issued a Final Rule in late February adopting a state of celebration rule. This rule defines a spouse to include individuals in lawfully recognized same-sex, common law marriages, and marriages that were validly entered into outside of the U.S. if they could have been entered into in at least one state.  Once the rule takes effect on March 27 all legally married couples; opposite-sex, same-sex; or married under common law – will have consistent FMLA rights regardless of their state of residence. The new definition also allows an eligible employee in a legal same-sex or common law marriage to take FMLA leave to care for their step-child or step-parent from that relationship. Employers are still allowed to require proof of marriage from an employee who is requesting FMLA leave..

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