Contact the experienced employment law attorneys at Maya Murphy, P.C. today at (203) 221-3100 or JMaya@Mayalaw.com

The Family Medical Leave Act (FMLA), entitles eligible employees of covered employers to take unpaid, job-protected leave for the care of specified family members, including the employee’s spouse. When drafted, the FMLA did not contain a specific definition of what the term “spouse,” included for medical leave purposes, and as such, the definition was the subject of numerous and intense litigation.

Under the FMLA, as amended, civil unions are not considered marriages under the FMLA.   Therefore, employees in same-sex civil unions, as well as opposite-sex civil unions, are not guaranteed the right to take FMLA spousal leave, nor do they have other protections under the FMLA, including the right to be free from retaliation.  However, an employer may offer an employment benefit program or plan that provides greater family or medical leave rights to employees than the rights established by the FMLA.  If no such plan has been provided by the employer, members of a civil-union cannot seek protection under the FMLA.

However, an eligible employee, even while a member of a civil union, may still take FMLA leave for their own serious health condition, for the birth or placement of a child, for adoption or foster care and for bonding, to care for their child or parent with a serious health condition, and for qualifying military family leave reasons.

A FMLA covered employer should understand their rights and responsibilities as it applies to civil unions under the Act and know the difference as to when FMLA benefits are required to be provided to employees.  Without a clear understanding, an employer may not comprehend when and how benefits must be provided, and could end up either over-extending benefits or unintentionally violating the FMLA.

If you are an employer and are seeking compliance with the FMLA, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.