The United States Supreme Court’s decision in Obergefell v. Hodges holds that states’ bans on same sex marriage are unconstitutional. The Family and Medical Leave Act (“FMLA”) same sex spouse final rule definition of spouse amends the definition of spouse under the FMLA to include all individuals in legal marriages. Before the Obergefell decision, several states, including Nebraska, filed suit in the Northern District of Texas to invalidate the FMLA final rule. The United States District Court for the Northern District of Texas issued a preliminary injunction, staying the final rule. Following the United States Supreme Court’s decision in Obergefell, the United States District Court for the Northern District of Texas dissolved the injunction. Therefore, employers in all states must now offer FMLA benefits to same sex couples who can show that they have been married.
As always, if you have any questions please do not hesitate to contact Bob Lepp or Mary Hewitt at the firm.