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ARTICLE · 22 AUGUST 2013

DOL Issues Internal Memo and Revises Fact Sheet Regarding FMLA Coverage for Same-Sex Couples

Fox Rothschild LLP
Fox Rothschild LLP
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It has been reported that on Friday, August 9, 2013, the United States Department of Labor (DOL) issued an internal memorandum to its employees affirming that an employee is entitled take leave under the Family and Medical Leave Act (FMLA) to care for a same-sex spouse with a serious health condition.

United StatesEmployment and HR
Erin F. Bender
Erin F. Bender
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It has been reported that on Friday, August 9, 2013, the United States Department of Labor (DOL) issued an internal memorandum to its employees affirming that an employee is entitled take leave under the Family and Medical Leave Act (FMLA) to care for a same-sex spouse with a serious health condition. The memorandum states that the DOL has updated documents to remove references to the Defense of Marriage Act (DOMA) and to affirm the availability of leave under the FMLA for same-sex couples who reside in a state that recognizes same-sex marriage. Currently, California, Connecticut, Delaware, Iowa, Massachusetts, New Hampshire, Maine, Maryland, Minnesota, New York, Rhode Island, Vermont, Washington and the District of Columbia recognize same-sex marriage. The intended scope of the DOL internal memorandum is unclear at this time. However, the DOL has issued a revised fact sheet (Fact Sheet #28F: Qualifying Reasons for Leave Under the Family and Medical Leave Act) that

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