A judge has blocked the U.S. Department of Labor’s new rule that married same-sex spouses who are otherwise eligible could to take time off under the Family and Medical Leave Act (FMLA), even if they don’t live in states that recognize their marriage.
U.S. District Judge Reed O’Connor, a George W. Bush appointee, issued the preliminary injunction in response to a lawsuit filed by the state of Texas. Arkansas, Louisiana, and Nebraska have since joined as plaintiffs. O’Connor ruled that “irreparable injury would occur” if the FMLA rule were to be implemented, by requiring Texas to “recognize out-of-state same-sex unions as marriages in violation of Texas Family Code.”
Never mind that we’re talking about a purely federal program here. Never mind that strong family leave policies actually help families.
Stay tuned, folks. It remains to be seen what happens on appeal, or if other states will try similar actions in their respective federal district courts.
Remember, though, that for several years now, if you are part of couple, whether married or unmarried, and one of you is not your children’s legal parent, both of you may still take FMLA leave to care for your kids (assuming you are otherwise eligible and work for a covered employer). See my earlier post on the subject (which I wrote before the U.S. Supreme Court overturned part of the Defense of Marriage Act in 2013). FMLA covers care after birth, adoption, foster placement, or if the child has a serious health condition.