Cameron Miranda
The Family and Medical Leave Act (FMLA) provides eligible employees with unpaid, job-protected leave for medical and family reasons. In 2015, the Department of Labor (DOL) expanded the definition of spouse under the FMLA to include same-sex spouses and common-law spouses. This revision ensures that eligible employees can take FMLA leave to care for their spouse with a serious health condition, regardless of their state of residence, as long as their marriage was entered into in a state that recognizes such marriages. This change in definition grants job protections and leave rights to a broader group of individuals, allowing them to take time off to care for their spouses without fear of losing their jobs.
| Characteristics | Values |
|---|---|
| Definition of "Spouse" | A husband or wife as defined or recognized in the state where the individual was married, including individuals in a common-law marriage and married same-sex couples |
| FMLA Coverage | Covered employers include private-sector employers with 50 or more employees, public sector employers (including local, state, and federal government agencies), and public or private elementary or secondary schools |
| FMLA Leave | Eligible employees can take job-protected leave to care for a spouse with a serious health condition, to address issues arising from a spouse's military service, and to provide military caregiver leave for a spouse |
| FMLA Rights | Employees in same-sex marriages and common-law marriages now have full FMLA rights and protections, including leave to care for a stepchild or the same-sex spouse of the employee's parent |
| FMLA Protections | Employers are prohibited from interfering with, restraining, or denying the exercise of any FMLA right |
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Common-law spouses are covered under FMLA
On February 23, 2015, the Department of Labor (DOL) issued a revised definition of "spouse" under the federal Family and Medical Leave Act (FMLA). This revision extends leave rights and job protections to eligible employees in same-sex marriages and common-law marriages. This means that common-law spouses are now covered under FMLA.
The FMLA requires covered employers to provide eligible employees with unpaid, job-protected leave for qualified medical and family reasons, including personal or family illness, family military leave, pregnancy, adoption, or foster care placement. Employees are eligible for FMLA leave if they have worked for a covered employer for at least 12 months and have at least 1,250 hours of service with the employer during the 12 months before their FMLA leave starts. Covered employers include private-sector employers with 50 or more employees, public sector employers (including local, state, and federal government agencies), and local educational agencies, regardless of the number of employees.
Under the revised definition, eligible employees, regardless of their state of residence, may take FMLA leave to care for their lawfully married common-law spouse with a serious health condition. They can also take qualified exigency leave related to their common-law spouse's covered military service and take military caregiver leave for their spouse. Additionally, they can take FMLA leave to care for their stepchild, the child of their common-law spouse, regardless of whether they provide day-to-day care or financial support for the child.
The new rule expressly includes those who are married under "common law marriage" as long as the marriage was validly formed in a state that permits common-law marriages. This revision ensures that all legally married couples, including common-law spouses, have uniform FMLA leave rights, regardless of where they live or are employed. It is important to note that civil unions and domestic partnerships are not considered spousal equivalents under the FMLA, and thus, those in such relationships do not share FMLA leave benefits.
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FMLA definition of spouse
On February 23, 2015, the Department of Labor (DOL) issued a revised definition of "spouse" under the federal Family and Medical Leave Act (FMLA). The revised definition extends leave rights and job protections to eligible employees in same-sex marriages and common-law marriages. This change was made in response to the United States Supreme Court's decision in United States v. Windsor, which struck down the portion of the Defense of Marriage Act that defined "spouse" as a person of the opposite sex.
Previously, the FMLA definition of "spouse" did not include same-sex spouses or common-law spouses if the employee resided in a state that did not recognize same-sex marriage or provide for common-law marriage. This meant that employees in same-sex marriages or common-law marriages were not entitled to take FMLA leave to care for their spouse, address issues arising from their spouse's military service, or provide military caregiver leave for their spouse.
Under the revised definition, a "spouse" is determined by the law of the place where the marriage was entered into, regardless of the state of residence or work. This means that an employee who gets married in a state recognizing same-sex marriage but subsequently moves to a state that does not recognize it still retains their FMLA rights. Similarly, an eligible employee who enters into a legal same-sex marriage in a foreign country is eligible for FMLA leave and job protection upon returning to a state that does not recognize same-sex marriage.
The revised definition of "spouse" allows eligible employees, regardless of their state of residence, to take FMLA leave to care for their lawfully married same-sex or common-law spouse with a serious health condition. They can also take qualified exigency leave related to their spouse's covered military service, take military caregiver leave, and take FMLA leave to care for their stepchild or their spouse's ailing parent.
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FMLA rights and job protections
The Family and Medical Leave Act (FMLA) provides eligible employees of covered employers with job-protected leave for qualifying family and medical reasons. FMLA is a federal worker protection law that requires covered employers to provide eligible employees with unpaid, job-protected leave for qualified medical and family reasons. This includes personal or family illness, family military leave, pregnancy, adoption, or foster care placement. Employees who take FMLA leave have the right to return to the same job or an equivalent job with the same pay, benefits, and conditions of employment. Employers are prohibited from interfering with, restraining, or denying the exercise of any FMLA rights, and employees may file a complaint or bring a private civil action against an employer for violations.
On February 23, 2015, the Department of Labor (DOL) issued a revised definition of "spouse" under the FMLA to include same-sex spouses and common-law spouses. This revision extends leave rights and job protections to eligible employees in same-sex and common-law marriages entered into in a state where those statuses are legally recognized, regardless of the state in which the employee currently works or resides. The new definition ensures that legally married same-sex couples enjoy the same status under federal law as opposite-sex couples.
Under the revised definition, eligible employees may take FMLA leave to care for their lawfully married same-sex or common-law spouse with a serious health condition. They can also take qualified exigency leave related to their spouse's covered military service, take military caregiver leave, or take FMLA leave to care for their stepchild or their parent's same-sex spouse.
The FMLA applies to all public agencies, including federal, state, and local employers, local education agencies, and private-sector employers with 50 or more employees. Covered employers generally include private sector employers with 50 or more employees, public sector employers regardless of size, and public or private elementary or secondary schools. Employees are eligible for FMLA leave if they have worked for a covered employer for at least 12 months, have at least 1,250 hours of service in the past 12 months, and work at a location with at least 50 employees within 75 miles.
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FMLA qualifying leave reasons
The Family and Medical Leave Act (FMLA) provides eligible employees of covered employers with job-protected leave for qualifying family and medical reasons. The FMLA defines “spouse” as a person to whom the employee is lawfully married under the laws of the state where the marriage was entered into. This includes same-sex spouses and common-law spouses.
Covered employers under the FMLA include private-sector employers with 50 or more employees, public sector employers (including federal, state, and local government agencies), and local educational agencies, regardless of the number of employees.
Qualifying leave reasons under the FMLA include:
- Personal or family illness: Employees can take FMLA leave to care for a spouse, child, or parent (but not a parent-in-law) with a serious health condition. This includes inpatient surgery and recovery and planned medical treatment.
- Pregnancy and childbirth: FMLA leave can be taken for pregnancy complications and to bond with a newborn child.
- Adoption or foster care placement: Employees can take leave to bond with a newly placed adopted or foster child, which must be concluded within 12 months of placement.
- Military-related leave: Qualifying exigency leave is available for situations caused by the foreign deployment of an employee's spouse, child, or parent. Military caregiver leave is also provided when a family member is a current service member or a recent veteran with a serious injury or illness.
- Family member's active duty: Employees can take leave for qualifying exigencies arising from their spouse, son, daughter, or parent being on covered active duty or called to covered active duty in the National Guard, Reserves, or Regular Armed Forces.
It is important to note that FMLA leave may be unpaid, and employees must meet certain eligibility criteria, such as having worked for the covered employer for at least 12 months and having at least 1,250 hours of service in the past 12 months.
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FMLA and same-sex spouses
The Family and Medical Leave Act (FMLA) provides job-protected leave from work for family and medical reasons. Under the FMLA, spouses who work for the same employer share the total number of workweeks of FMLA leave available for certain reasons.
On February 23, 2015, the Department of Labor (DOL) issued a revised definition of "spouse", extending leave rights and job protections to eligible employees in same-sex marriages and common-law marriages entered into in a state where those statuses are legally recognized, regardless of the state in which the employee currently works or resides. This came after the U.S. Supreme Court struck down as unconstitutional the portion of the Defense of Marriage Act that defined "spouse" as a person of the opposite sex. Following this decision, the DOL proposed regulations in 2014 to amend the definition of "spouse" by replacing the "state of residence" rule with a "place of celebration" rule, determining spousal status by the laws of the state in which the marriage was entered into.
The revised definition of "spouse" means that eligible employees, regardless of their state of residence, may now take FMLA leave to care for their lawfully married same-sex spouse or common-law spouse with a serious health condition, take qualified exigency leave related to their spouse's covered military service, take military caregiver leave for their spouse, take FMLA leave to care for their stepchild that is the child of their same-sex or common-law spouse, and take FMLA leave to care for their same-sex spouse's parent.
The expansion of FMLA rights to same-sex spouses has been supported by various organizations, including the National Center for Transgender Equality, Family Values @Work, and the National Partnership, as it provides certainty to same-sex couples regarding their FMLA leave rights and encourages worker mobility.
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Frequently asked questions
FMLA stands for the Family and Medical Leave Act. It is a federal worker protection law that requires covered employers to provide eligible employees with unpaid, job-protected leave for qualified medical and family reasons, including personal or family illness, family military leave, pregnancy, adoption, or foster care placement.
The definition of "spouse" under the FMLA includes individuals in a common-law marriage and married same-sex couples, as long as the marriage was entered into in a state that recognizes these marriages. This definition also applies to marriages that were validly entered into outside of the United States if they could have been entered into in at least one state.
Common-law spouses are entitled to the same FMLA benefits as any other legally recognized spouse. This includes taking leave to care for their spouse with a serious health condition, taking qualified exigency leave related to their spouse's military service, and taking military caregiver leave for their spouse.
