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FMLA Spousal Protections Extended to Same Sex Couples - Labor and Employment Law News

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Labor and Employment Law News


Posted on: Mar 10, 2015

Please note: This article was originally published on the website of Hall Render Killian Heath & Lyman PC on February 25, 2015. You can view the original post here.

By Jennifer H. Gonzalez, Hall Render Killian Heath & Lyman PC

On February 23, 2015, the U.S. Department of Labor announced a rule change to be issued February 25, 2015 that ensures that all eligible employees in same-sex marriages will enjoy the same rights and protections under the Family Medical Leave Act (“FMLA”) as employees in opposite-sex marriages.

FMLA Spousal Protections

Generally, the FMLA provides eligible employees with unpaid time off from work for certain family, medical and military events, including time needed to care for a qualifying family member such as the employee’s spouse.

For example, eligible employees may take FMLA leave:

  • To care for a spouse who has a serious health condition;
  • To care for a spouse who is a covered servicemember with a serious illness or injury; or
  • For a qualifying exigency related to the covered military service of the employee’s spouse.

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This post was written by Jennifer H. Gonzalez of Hall Render Killian Heath & Lyman PC. If you would like to submit content or write an article for the Labor & Employment Law Section page, please email Rachel Beachy at rbeachy@indybar.org.

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