Obama Extends Family Leave Rights To Gay Spouses In Non-Equality States
- By
- Carlos Santoscoy
- | June 20, 2014
President Barack Obama on Friday will announce a rule that makes married gay and lesbian couples eligible for leave to care for a spouse under the Family and Medical Leave Act (FMLA) in all 50 states.
Currently, the benefit is only available to gay couples who live in a state which recognizes their marriage – currently 19, plus the District of Columbia.
Under the FMLA, enacted in 1993, employees are entitled to take unpaid, job-protected leave for family and medical purposes. For example, an employee could take leave to care for a spouse who has a serious health condition.
“The basic promise of the FMLA is that no one should have to choose between succeeding at work and being a loving family caregiver,” Secretary of Labor Thomas E. Perez said in a statement. “Under the proposed revisions, the FMLA will be applied to all families equally, enabling individuals in same-sex marriages to fully exercise their rights and fulfill their responsibilities to their families.”
Last year, the Supreme Court struck down a key provision of the Defense of Marriage Act (DOMA) which prohibited the federal government from recognizing the marriages of gay couples for the purpose of benefits.
A Justice Department review of how the decision affects other federal benefits will also be released Friday.
Married gay couples living in the 31 non-equality states remain ineligible for Social Security and veterans benefits. Change in those areas requires congressional action.
(Related: White House to issue gay workplace protections order.)