Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: July 14, 2014
The Firm
201-896-4100 info@sh-law.comThe Family and Medical Leave Act (FMLA) is about to get a modern update. The Department of Labor (DOL) recently announced proposed changes to the definition of “spouse,” which are intended to incorporate the U.S. Supreme Court’s ruling in United States v. Windsor which found the Defense of Marriage Act (DOMA) to be unconstitutional.
The FMLA 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.
While some federal policies and laws specify that spouses are eligible for benefits so long as the marriage was valid in the state where it was celebrated, others depended on whether the couple’s state of residence recognized the legality of the marriage. This inconsistency has caused much confusion in the wake of Windsor, and the Obama Administration is working to revise all relevant federal statutes to reflect the Court’s same-sex marriage decision.
The DOL’s proposed FMLA amendment would revise the definition of spouse to look to the law of the place in which the marriage was entered into rather than where the couple resides. Accordingly, eligible employees in legal same-sex marriages will be able to take protected leave to care for their spouse or family member, regardless of where they live.
The proposed definition states:
Spouse, as defined in the statute, means a husband or wife. For purposes of this definition, husband or wife refers to the other person with whom an individual entered into marriage as defined or recognized under State law for purposes of marriage in the State in which the marriage was entered into or, in the case of a marriage entered into outside of any State, if the marriage is valid in the place where entered into and could have been entered into in at least one State. This definition includes an individual in a same-sex or common law marriage that either (1) was entered into in a State that recognizes such marriages or, (2) if entered into outside of any State, is valid in the place where entered into and could have been entered into in at least one State.
The DOL published its Notice of Proposed Rulemaking on June 27, 2014 and will accept public comments until August 11, 2014.
If you have any questions about the proposed FMLA changes or would like to discuss your company’s employee leave policies, please contact me, Gary Young, or the Scarinci Hollenbeck Labor and Employment attorney with whom you work.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Special purpose acquisition companies (better known as SPACs) appear to be making a comeback. SPAC offerings for 2025 have already nearly surpassed last year’s totals, with additional transactions in the pipeline. SPACs last experienced a boom between 2020–2021, with approximately 600 U.S. companies raising a record $163 billion in 2021. Notable companies that went public […]
Author: Dan Brecher
Merging two companies is a complex legal and business transaction. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process that involves important corporate governance considerations. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process. However, […]
Author: Dan Brecher
The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]
Author: Brian D. Spector
Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]
Author: Christopher D. Warren
*** The original article was featured on Bloomberg Tax, April 28, 2025 — As a tax attorney who spends much of my time helping people and companies who have large, unresolved issues with the IRS or one or more state tax departments, it often occurs to me that the best service that I can provide […]
Author: Scott H. Novak
On January 28, 2025, the Trump Administration terminated Gwynne Wilcox from her position as a Member of the National Labor Relations Board (NLRB or the Board). Gwynne Wilcox, a union side lawyer for Levy Ratner, was confirmed to the Board for an original term in 2021 and confirmed again for a successive five-year term expiring […]
Author: Matthew F. Mimnaugh
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
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.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!