DOL Issues Final Rule on FMLA and Same Sex/Common Law Couples
Since July of 2014 the Department of Labor has been soliciting public comments on proposed rule changes to the Family and Medical Leave Act (FMLA) regarding same-sex and common-law marriages. It recently announced that the Final Rules have been written and will become effective March 27th, 2015. Those rules replace interim guidance that had been in place for some time since the Supreme Court's striking down the Defense of Marriage Act (DOMA). First you might ask why this was necessary. Some will of course say that this is part of the federal government's push under a liberal administration to redefine marriage. That is hardly the rationale. Currently 37 states and 18 foreign countries recognize same-sex marriages, but the FMLA is a federal law that applies in all US states and governed territories. The potential for confusion was significant. More and more young couples are cohabitating and raising families outside of a traditional marriage. The FMLA, were it not to con