The Family Equality Council applauds the Department of Labor’s issuance today of a final rule change extending access to job-protected leave under the Family and Medical Leave Act (FMLA) to employees with same-sex spouses regardless of where in the country they live. Under the old rule, the FMLA required that an employee live in a state that recognized their marriage in order to take leave to care for a same-sex spouse. The new rule establishes a “place of celebration” standard, requiring employers in every state to permit employees to take leave to care for a same-sex spouse as long as their marriage was valid where celebrated.
Statement from Director of Public Policy Emily Hecht-McGowan:
“The Family and Medical Leave Act is the only federal law helping Americans balance the demands of both work and family. Since its passage in 1993, FMLA leave has been used more than 200 million times but until today, it was not fully accessible to LGBTQ workers. The Department of Labor has done an outstanding job of ensuring full and fair implementation of the Windsor decision and this final rule is a critical step in ensuring LGBTQ workers can care for themselves and their spouses — regardless of where in the country they live — without jeopardizing their jobs or economic security.
For more information on the Family and Medical Leave Act and how it applies to LGBTQ workers and their families, please see Family Equality Council’s website at the link: www.familyequality.org/get_informed/advocacy/know_your_rights/fmla_faq/.