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 partners during times of medical need. This inequity harms the competitiveness of the American workforce by forcing employees to choose between caring for a loved one and keeping their job.
What is the Family and Medical Leave Inclusion Act?
The Family and Medical Leave Inclusion Act 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. As of January 1, 2008, the HRC Foundation was aware of 328 major corporations extending FMLA benefits to include leave on behalf of a same-sex partner. Currently, seven states and the District of Columbia include unmarried partners in state family and medical leave acts.1 The experience of these governmental and private employers shows that extending FMLA eligibility benefits both employees and employers alike.
What is the Current Status of the Bill?
In the 110th Congress, the FMLA inclusion bill was introduced by Representative Carolyn Maloney (D-NY). It had 22 co-sponsors.
More on the Family and Medical Leave Act
- Family and Medical Leave Act Bill Text in the 110th Congress-H.R. 2792 (PDF)
- HRC's comments on Department of Labor's Request for Information on the Family and Medical Leave Act (PDF)
- HRC's Family and Medical Leave Act testmony at th Health, Education, Labor and Pensions hearing (PDF)
- Family and Medical Leave Act: Federal Requirements
For more information, please contact HRC at legislation@hrc.org.
1The following states under their respective state FMLAs extend benefits that include same-sex couples: California and the District of Columbia extend benefits to registered domestic partners; Connecticut, New Jersey and Vermont provide benefits to parties in a civil union; Hawaii provides benefits to reciprocal beneficiaries; Oregon and Rhode Island provide benefits to family members, including same-sex domestic partners; and New Mexico provides benefits to same-sex spouses as long as they were married out-of-state in a state that recognizes marriage for same-sex couples.
Last Updated: Tuesday, February 17, 2009
.jpg)