Q&A with Charlie Plumb
Employee's home state pivotal
in FMLA law, same-sex marriages
Q: Ever since the U.S. Supreme Court handed down its landmark decision in the United States v. Windsor same-sex marriage case this summer, employers have been waiting to hear how the government intends to apply that ruling to the workplace. What's the latest as it pertains to qualified leave time?
A: The U.S. Department of Labor (DOL) just recently announced its application of the ruling to the Family and Medical Leave Act, a federal law that provides eligible employees with up to 12 workweeks of approved leave in a 12-month period to provide care for his or her spouse. According to the DOL, a spouse is “a husband or wife as defined under state law for purposes of marriage where the employee resides, including ‘common law' marriage and same-sex marriage.”
Q: What's the takeaway for employers?