FMLA Proposed Rules To Recognize Same Sex Regardless of Residency

 The DOL is proposing to amend the regulatory definition of  “spouse” under the Family and Medical Leave Act (“FMLA”) so that “spouse” for purposes of FMLA rights would include a same-sex spouse, regardless of where the employee  and spouse live. This means the “place of celebration” will determine whether an individual is a spouse under FMLA, rather than the current rule which uses the “state of residence,” which recognizes a spouse under the law of the  state in which the couple resides.

Click the link to download the bulletin: 070714-P-ERC-FMLA_Proposed_Rules (1)

Please contact you Total Benefit Solutions account manager at (215)355-2121 if you have any questions or concerns.