Family and Medical Leave Denied to Same-Sex Couples in Non-Marriage Equality States
Family and Medical Leave Act (FMLA) was signed into law 22 years ago to allow workers to take a maximum 12 weeks unpaid time off of work to care for a new child (including adopted and foster children); care for a sick child; act as a caregiver for a parent; address personal serious health concerns; and care for wounded service members. After the decision in United States v. Windsor, in which the part of the Defense of Marriage Act (DOMA) defining marriage as between a man and a woman for federal purposes was struck down, the Department of Labor announced that FMLA would apply to eligible employees in same-sex marriages if the employee resided in a state that recognized their marriage. Rachel Laser, Deputy Director of the Religious Action Center, submitted comments last August to the Department of Labor in support of this change when it was proposed.