State of Celebration Standard Now in Effect for FMLA

Kevin Hogan • April 3, 2015

In a previous blog , I wrote about regulations issued by the Department of Labor (“DOL”) proposing to revise the regulatory definition of “spouse” under the Family and Medical Leave Act (“FMLA”) to be based on the law of the place where a marriage was performed, which is known as the “state of celebration” standard.  The DOL finalized the proposed regulations by issuing a Final Rule on February 25, 2015.

Effective March 27, 2015, the regulatory definition of “spouse” under the FMLA was changed from a “state of residence” standard to a “state of celebration” standard.  This means that employers must now look to the law of the place in which the marriage was performed rather than the law of the state in which the employee resides.  As a result, employees in legal same-sex marriages can now take FMLA leave to care for their spouse.

Now that the revised definition of “spouse” is effective, employers may want to review their FMLA policies to ensure that all eligible employees are being given access to FMLA leave when available.  For more information on the Final Rule, please see the DOL’s fact sheet.

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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