Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Family and Medical Leave Act Now Covers Same-Sex Spouses
Author: Scarinci Hollenbeck, LLC
Date: March 10, 2015
Key Contacts
Back
All married couples in the United States will soon be able to enjoy the benefits of the Family and Medical Leave Act (FMLA). The U.S. Department of Labor recently issued a final rule that amends the definition of spouse to include all same-sex couples.
“With our action today, we extend that promise 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,” U.S. Secretary of Labor Thomas Perez stated.
The Family and Medical Leave Act entitles eligible employees to take unpaid, job-protected leave for certain family and medical reasons, including leave to care for a spouse who has a serious health condition. The statute also includes military family leave provisions, which entitle eligible employees to take up to 12 weeks of unpaid, job-protected leave for a “qualifying exigency” related to the foreign deployment of the employee’s spouse and to take up to 26 weeks of leave to care for a spouse with a serious injury or illness incurred in the line of duty.
Although the U.S. Supreme Court struck down the federal Defense of Marriage Act, which had defined marriage as only between heterosexual couples, nearly two years ago, the federal government is still working to implement the ruling. Some regulations specified that spouses were eligible for benefits so long as the marriage was valid in the state where it was celebrated, while others depended upon whether the couple’s state of residence recognized the legality of the marriage.
Under the final rule, the DOL amended the Family and Medical Leave Act’s definition of spouse to exclusively look to the law of the place in which the marriage was entered into. As the agency notes, a place of celebration rule allows all legally married couples, whether opposite-sex or same-sex, or married under common law, to have consistent federal family leave rights regardless of where they live.
The Final Rule is effective on March 27, 2015.
- Employee Policies
- Employment attorney NYC
- New Jersey Employment Attorney
- New Jersey Employment Lawyer
- NJ attorney Scarinci
- Scarinci Hollenbeck
- Practices: Public Employment Law, Labor & Employment
- Locations: Red Bank, NJ, Little Falls, NJ, New York City
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Related Posts
See all
Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know
For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]
Author: George McGowan
Estate Planning for Digital Assets Under New Jersey Law
As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity […]
Author: Marc J. Comer
The Role of Representation and Warranty Insurance in M&A Transactions
In today’s mergers and acquisitions market, representation and warranty (R&W) insurance has become a common feature of deal negotiations. Once used primarily in larger transactions, R&W insurance is now frequently incorporated into middle-market deals as buyers and sellers look for efficient ways to allocate risk and close deals. When structured properly, R&W insurance can help […]
Author: George McGowan
You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?
Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]
Author: George McGowan
Why Every Business Should Conduct an Annual Insurance Coverage Review
Most New Jersey business owners purchase insurance policies, file them away, and assume they are protected if a claim arises. Without a regular insurance coverage review, many companies discover gaps only after a lawsuit, cyberattack, property loss, or other significant event occurs. An annual insurance coverage review can help businesses identify potential risks, ensure their […]
Author: George McGowan
Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)
Businesses and individuals often encounter situations where another party breaches a contract, fails to pay a debt, or continues harmful conduct. In many such disputes, a precisely drafted demand letter or cease-and-desist letter serves as a powerful legal tool. It can frequently resolve the dispute and avoid litigation. While demand or cease-and-desist letters can resolve […]
Author: George McGowan
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.