Under a proposed rule issued June 20th by the Dept. of Labor, the Family and Medical Leave Act (FMLA) will now apply to eligible employees in legal same-sex marriages regardless of what state they live in and that state’s same-sex marriage laws.
Under the FMLA, workers are allowed to take up to 12 weeks of job-protected, unpaid leave in a 12 month period to take care of their own serious illness, care for a family member with serious health conditions or bond with a new child. This new regulation would also allow eligible employees to take FMLA leave to care for the child of the employee’s same sex spouse.
This new regulation notes that determination of FMLA applicability would change to the state where the same-sex marriage took place, not the state where the employee resides and works. Thus the FMLA regulations would apply to all legally recognized same-sex married couples that reside and work in Tennessee even though Tennessee does not recognize the performance of same-sex marriages in the state.
The proposed rule would concur with the guidelines established by the IRS which determined that same-sex couples legally married in a state are recognized as legally married for Federal tax purposes regardless of where they live.
All of this is a result of a Supreme Court decision that struck down section 3 of the Defense of Marriage Act that denied federal non-taxability of benefits to legally married same-sex couples.
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