The Supreme Court’s decision in U.S. v. Windsor adds to employer obligations under the FMLA by expanding the group of individuals who may be a “spouse” for FMLA purposes. At issue in Windsor was whether Section 3 of DOMA violated the Fifth Amendment’s Equal Protection Clause as applied to the Federal Government. Section 3 of
same sex
DOMA Case Broadens FMLA Definition of “Spouse”….At Least to Some Extent
By Jackson Lewis P.C. on
Posted in FMLA
The Supreme Court’s Defense of Marriage Act decision expands employer obligations under the FMLA, at least in the states that recognize same-sex marriages. The Court held that Section 3 of DOMA, which states that the meaning of “spouse” in any federal law or regulation “refers only to a person of the opposite sex who is…
Who Cares for Whom? FMLA Inclusion Act Not Quite All Inclusive
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Posted in FMLA
The proposed Family and Medical Leave Inclusion Act would allow an employee to take time off to care for an expanded list of covered relationships, including a same sex partner, a domestic partner, parent-in-law, adult child, sibling, grandchild or grandparent. The FMLA already allows an eligible employee to take time off to care for a…