“The
basic promise of the FMLA is that no one should have to choose between
the job and income they need, and caring for a loved one,” said U.S.
Secretary of Labor Thomas E. Perez
in announcing the rule change. “With our action today, we extend that
promise so that no matter who you love, you will receive the same rights
and protections as everyone else. All eligible employees in legal
same-sex marriages, regardless of where they live,
can now deal with a serious medical and family situation like all
families – without the threat of job loss.”
Enacted
in 1993, the FMLA entitles eligible employees of covered employers to
take unpaid, job-protected leave for specified family and medical
reasons. Employees are, for example,
entitled to take FMLA leave to care for a spouse who has a serious
health condition. Millions of workers and their families have benefited
since the FMLA’s provisions became effective and even more American
families will benefit as a result of the rule.
Today’s
rule change updates the FMLA regulatory definition of “spouse” so that
an eligible employee in a legal same-sex marriage will be able to take
FMLA leave for his or her
spouse regardless of the state in which the employee resides.
Previously, the regulatory definition of “spouse” did not include
same-sex spouses if an employee resided in a state that did not
recognize the employee’s same-sex marriage. Under the new rule,
eligibility for federal FMLA protections is based on the law of the
place where the marriage was entered into. This “place of celebration”
provision allows all legally married couples, whether opposite-sex or
same-sex, to have consistent federal family leave
rights regardless of whether the state in which they currently reside
recognizes such marriages.