The DOL states that the Final Rule will reduce the administrative burden on employers that operate in more than one state and remove barriers to the mobility of employees in same-sex marriages. Some other features of the DOL’s Final Rule include:
- An employee in a legal same-sex marriage may take FMLA leave to care for his or her stepchild.
- An employee may take FMLA leave to care for a stepparent who is the employee’s parent’s same-sex spouse.
- An employee in a common law marriage is eligible for FMLA leave to care for his or her spouse as long as the common law marriage became valid in a state that recognizes common law marriage.
- The new rule recognizes same-sex marriages entered into abroad as long as the marriage is valid in the place it was entered into.