Same-Sex Marriage May Trigger Eligibility for FMLA Protections/Insurance Coverage

Arizona has officially lifted its ban on same-sex marriage. The implications extend far beyond an individual’s legal ability to marry. Under the Family Medical Leave Act (“FMLA”), covered employers are required to allow eligible employees to take up to three months leave to care for his/her spouse. The FMLA will cover any spouse recognized by the state in which the employee resides. Due to Arizona’s recent acknowledgement of same-sex marriage, Arizona employers subject to the FMLA will now be required to provide FMLA leave to same-sex spouses, and may be required to extend coverage to the children of any such spouse. Further, to the extent that an employer offers employment benefits, such as insurance coverage, to qualifying spouses or dependents, same-sex spouses will now be eligible. Due to constant legal developments in this area, employees and employers should carefully review their employment policies. We recommend that you consult an experienced employment attorney for assistance reviewing, revising and implementing any changes to your employment policies.