DOL proposes FMLA expansion for same-sex marriage employees - McDermott Will & Emery

DOL proposes FMLA expansion for same-sex marriage employees

Overview


Todd Solomon notes that the FMLA proposal is consistent with other similar federal rules offered by the IRS and the DOL. But Solomon cautions that those employers who are not prepared for this extension need to act fast. “The [employers] that really need to take a close look are the ones that haven’t previously covered same sex spouses,” says Solomon. “It used to be that for benefit plan sponsors, it was in large part a matter of choice but now, with a few limited exceptions, much of this is mandated. Retirement plans are mandated, FMLA is mandated.” The DOL will field comments regarding the FMLA proposal within 45 days after it is published in the Federal Register. However, Solomon explains that is not likely that the proposal will change extensively following the review period. “It’s not even that the tide is turning anymore,” he says. “It sort of has turned, at least from a benefits standpoint. It’s not even really a political issue or religious issue any more, this is the way it is in almost every area under federal benefits and tax.” Read the full article