Same-Sex Couples Receive Family Leave Rights Under New Labor Department Rule
President Barack Obama will announce on Friday that same-sex couples will gain eligibility for several workplace protections and the majority of federal benefits under the Family and Medical Leave Act in all 50 states, a White House official says.
According to Reuters, the Labor Department will present a rule on Friday morning that will change the interpretation of the Family Medical Leave Act, allowing same-sex spouses to take leave to care for family and loved ones, regardless of whether their state of residence allows gay marriage.
The Justice Department will also announce its completion of a review that finds in "almost all instances, federal benefits and obligations for same-sex married couples will be provided, regardless of where the couple lives." Attorney General Eric Holder will announce the results of the review, which was launched after the 2013 Supreme Court Windsor decision. By invalidating most of the 1996 Defense of Marriage Act, the Windsor decision concluded that the survivor of a same-sex couple was eligible to claim the federal estate tax exemption for surviving spouses. The review is expected to spell out how more than 1,000 federal marriage-linked or spouse rights and obligations will be affected by the Windsor ruling.
"The president directed Attorney General Holder to work with other members of his Cabinet to review all relevant federal statutes to ensure the decision, including its implications for federal benefits and obligations, was implemented swiftly and smoothly," the official said. "That effort has been moving forward expeditiously."
The Family and Medical Leave Act lets employees take unpaid, job-protected leave for both medical and family purposes.
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