FMLA to Apply to All Employees in Same-Sex Marriages

Kevin Hogan • June 30, 2014

When the U.S. Supreme Court declared DOMA unconstitutional in United States v. Windsor , many federal benefits that were previously denied to individuals in same-sex marriages became available to those individuals.  However, job-protected leave under the Family and Medical Leave Act (“FMLA”) was not one of them.

Generally, an employee is able to take 12 weeks of unpaid, job-protected leave to care for a sick family member (including a spouse).  For purposes of FMLA, “spouse” is defined as a husband or wife as defined or recognized under state law for purposes of marriage in the state where the employee resides.  This is known as the “state of residence” standard, which means that an employee validly married to a same-sex spouse cannot receive FMLA protections if they live in a state that does not recognize same-sex marriage.

After the Windsor decision, Labor Secretary Thomas E. Perez made some comments indicating that the FMLA definition of spouse would be revised to recognize a “state of celebration” standard.  Consistent with Mr. Perez’s comments, the Department of Labor (“DOL”) issued proposed regulations last week that adopted the “state of celebration” standard.  The DOL has proposed that the definition of “spouse” would be based on the law of the place where the marriage was performed.  This would allow employees to take leave under FMLA to care for a same-sex spouse as long as their marriage is valid where it was performed.  The definition would no longer rely on the employee’s state of residence.

Currently, these regulations are proposed, but they are expected to become final.  The proposed regulations did not specify an effective date, so employers may wish to continue to use the state of residency standard until the proposed regulations become final.  To see a copy of the proposed regulations, click here.

Employee burnout: what it is and how to prevent it

By Mardy Gould • May 24, 2024
Employee burnout has become an epidemic in today’s modern workplace. So much so that the World Health Organization (WHO) officially recognizes it as an “occupational phenomenon.”1 While many used to consider mounting workplace stress an individual employee problem, these days, it’s become an employer’s responsibility to prevent burnout before it hurts productivity and business performance—not to mention your employees’ physical and mental health. Luckily, you can prevent burnout from affecting your workforce in several ways. This article will explore the causes and signs of employee burnout and the steps you can take to create a positive work environment where employees feel safe from toxic stress levels.

Form 720 and PCORI fee FAQs

By Mardy Gould • May 23, 2024
If you're a small business owner, you may have heard of the acronym PCORI and the fees that come with it. But what is PCORI, and how does it apply to your organization? Under the Affordable Care Act (ACA), sponsors of self-insured health plans must pay a fee to fund the federal Patient-Centered Outcomes Research Institute (PCORI). PCORI is an independent organization the ACA created to conduct research to help healthcare consumers make better decisions for their specific needs and outcomes. It also performs research related to clinical effectiveness. Employers offering a self-insured medical reimbursement health plan, such as a health reimbursement arrangement (HRA), must pay this fee by July 31 each year via Form 7201. This fee was initially set to expire in 2019, but Congress extended it through September 30, 20292, due to the Further Consolidated Appropriations Act of 20203.
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