Issue: Federal Advocacy

The Family and Medical Leave Inclusion Act

The Problem

The Family and Medical Leave Act of 1993 grants legally married spouses up to 12 weeks of unpaid leave from work to care for a seriously ill spouse, parent or child.  However, the law does not cover same-sex partners or spouses, making it impossible for some employees to be with their loved ones during times of medical need.  This inequity harms the competitiveness of the American workforce by forcing employees to choose between caring for a partner or spouse and keeping a job.
 

What is the Family and Medical Leave Inclusion Act?

The Family and Medical Leave Inclusion Act (FMLIA) would expand the Family and Medical Leave Act of 1993 to permit an employee to take up to 12 weeks of unpaid leave from work if his or her domestic partner or same-sex spouse has a serious health condition.  It would also permit employees to take unpaid leave to care for a “parent-in-law, adult child, sibling or grandparent.”
 

Experience of State Governments and Private Employers

Many state and local governments and private employers already include families headed by same-sex couples for purposes of family leave.  They recognize that an inclusive workforce is a competitive workforce.  These employers realize that not applying FMLA protections to all workers greatly limits the Act’s intent to provide a stable and continuous workforce by helping employees retain their jobs when a family emergency strikes.


The HRC Foundation tracks employers that provide FMLA-like benefits to employees with same-sex domestic partners or spouses. As of January 1st, 2013, the HRC Foundation had documented over 580 employers, including 237 Fortune 500 companies, extending FMLA benefits on behalf of a same-sex domestic partner or spouse. Currently, seventeen states and the District of Columbia include domestic partners or same-sex spouses in state family and medical leave laws. The experience of these governmental and private employers shows that extending FMLA eligibility benefits both employees and employers alike.
 

Action in the 112th Congress

FMLIA was reintroduced in the 112th Congress in the House by Rep. Carolyn Maloney on June 24, 2011 and in the Senate by Sen. Dick Durbin on June 28, 2011.


What is the Current Status of the Bill?

FMLIA is expected to soon be reintroduced in the 113th Congress.
 

More on the Family and Medical Leave Inclusion Act

For more information, please contact HRC at legislation@hrc.org.

Last Updated: January 3, 2013