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.
On February 25, 2015, the Department of Labor issued a, “Final Rule,” addressing the issue and revising the regulatory definition of “spouse,” under the FMLA. The Final Rule amended the regulatory definition of spouse under the FMLA so that eligible employees in legal same-sex marriages would be able to take FMLA leave to care for their spouse or family member, regardless of where they lived. This revision of the statute ensures that the FMLA will give spouses in same-sex marriages the same ability as all non-same-sex spouses to fully exercise their FMLA rights.
In order to determine whether a same-sex marriage meets the qualifications as set forth in the Final Rule from the Department of Labor, and the new definition of “spouse,” under the FMLA, an employer has the right and the ability to require employees who request leave for the care of a family member to provide reasonable documentation for purposes of confirming the family relationship. 29 C.F.R. §825.122(k). However, an employee may satisfy such a requirement either by providing documentation such as a marriage license or a court document, or by providing a simple statement asserting that the requisite family relationship exists. The choice of which of these documents to provide is that of the employee, and the employer may not use a request for confirmation of a family relationship in a manner that interferes with an employee’s exercise, or attempt to exercise his or her FMLA rights.
It is incumbent upon an employer to understand the eligibility of an employee to qualify for FMLA leave for both themselves and qualified family members. Failure to allow qualified leave could have disastrous consequences for the employer in terms of interference or retaliation claims by an aggrieved employee.
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.
