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DonViejo

(60,536 posts)
Fri Jun 20, 2014, 09:02 AM Jun 2014

Obama Administration To Extend Family Leave To Same-Sex Couples

Source: TPM

KAY STEIGER – JUNE 20, 2014, 12:00 AM EDT

The Obama administration announced that it would direct the Department of Labor to begin issuing regulations to extend the Family and Medical Leave Act (FMLA) to same-sex couples, according to a White House official.

After the Supreme Court's struck down Section 3 of the Defense of Marriage Act last year, Attorney General Eric Holder and other members of the administration began to reviewing relevant statutes and laws to extend federal benefits to same-sex couples. The administration said that its extension of FMLA is simply part of that process. The new regulations will clarify that an employee is eligible to take leave to care for a same-sex spouse in the instance of an illness, regardless of whether that employee lives in a state where same-sex marriage is legal.

The Obama administration said that, after FMLA is extended to same-sex couples, it will have completed its review of extending relevant laws and statutes to same-sex couples. However, Obama still calls upon Congress to change a few remaining statutes to cover same-sex couples by passing the Respect for Marriage bills, sponsored by Sen. Dianne Feinstein (D-CA) and Rep. Jerrold Nadler (D-NY); the Social Security and Marriage Equality Act, sponsored by Sens. Patty Murray (D-WA) and Mark Udall (D-CO); and the Veterans Affairs' amendment proposed by Udall and Sen. Jeanne Shaheen (D-NH).

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Read more: http://talkingpointsmemo.com/livewire/family-leave-same-sex-couples

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Obama Administration To Extend Family Leave To Same-Sex Couples (Original Post) DonViejo Jun 2014 OP
He's A Marxist!!!! madaboutharry Jun 2014 #1
DOL press release mahatmakanejeeves Jun 2014 #2
K&R! Tarheel_Dem Jun 2014 #3
Another progressive step for equality Politicub Jun 2014 #4
Good move. K&R. nt awoke_in_2003 Jun 2014 #5
Thanks Don! Thanks Obama! Cha Jun 2014 #6

mahatmakanejeeves

(57,379 posts)
2. DOL press release
Fri Jun 20, 2014, 09:50 AM
Jun 2014
Proposed rule to extend Family Medical Leave Act protections to all eligible employees in same-sex marriages announced by US Labor Secretary

News Release

WHD News Release: [06/20/2014]
Contact Name: Jennifer Marion or Jason Surbey
Phone Number: (202) 693-5795 or x4668
Email: marion.jennifer.r@dol.gov or Surbey.Jason@dol.gov
Release Number: 14-1208-NAT

Proposed rule to extend Family Medical Leave Act protections to all eligible employees in same-sex marriages announced by US Labor Secretary

WASHINGTON — U.S. Secretary of Labor Thomas E. Perez announced today a proposed rule extending the protections of the Family and Medical Leave Act to all eligible employees in legal same-sex marriages regardless of where they live. The proposal would help ensure that all families will have the flexibility to deal with serious medical and family situations without fearing the threat of job loss. Secretary Perez is proposing this rule in light of the Supreme Court's decision in United States v. Windsor, in which the court struck down the Defense of Marriage Act provision that interpreted "marriage" and "spouse" to be limited to opposite-sex marriage for the purposes of federal law.


Notice of Proposed Rulemaking to Revise the Definition of “Spouse” Under the FMLA

The Department of Labor is publishing a Notice of Proposed Rulemaking (NPRM) to revise the definition of spouse under the FMLA in light of the United States Supreme Court’s decision in United States v. Windsor, which found section 3 of the Defense of Marriage Act (DOMA) to be unconstitutional.

Major features of the NPRM

- The Department is proposing to move from a “state of residence” rule to a rule based on where the marriage was entered into (sometimes referred to as “place of celebration”).

- The proposed definition of spouse expressly references the inclusion of same-sex marriages in addition to common law marriages, and will encompass same-sex marriages entered into abroad that could have been entered into in at least one State.

- The Department proposes to define spouse as follows:
Spouse, as defined in the statute, means a husband or wife. For purposes of this definition, husband or wife refers to the other person with whom an individual entered into marriage as defined or recognized under State law for purposes of marriage in the State in which the marriage was entered into or, in the case of a marriage entered into outside of any State, if the marriage is valid in the place where entered into and could have been entered into in at least one State. This definition includes an individual in a same-sex or common law marriage that either (1) was entered into in a State that recognizes such marriages or, (2) if entered into outside of any State, is valid in the place where entered into and could have been entered into in at least one State.

Politicub

(12,165 posts)
4. Another progressive step for equality
Fri Jun 20, 2014, 01:06 PM
Jun 2014

Obama is going to go down in history for many positive things. But one of the most important is his drive to end LGBT discrimination by the federal government.

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