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Maintaining FMLA compliance in the wake of DOMA’s repeal

Posted on August 27th, 2013 Read time: 1 minutes

It is important to human resource administration to ensure all company policies remain in compliance with federal and state law. The repeal of the Defense of Marriage Act has changed many things for the human resource community, and whether or not a business needs to take action on a specific front may be unclear. The following are brief guidelines on changes to FMLA after DOMA, compiled with the aid of information from JD Supra.

Which businesses need to make changes?
Changes in FMLA policy need only occur in businesses who have employees that reside in any of the 13 states that recognize marriage equality or in the District of Columbia. FMLA eligibility is determined by the employee's place of residence, not of work. Companies that have permanent or temporary workers who reside in a state where same-sex marriage is recognized must provide FMLA leave to those employees who require it to care for their same-sex spouses.

More advice on compliance may be available from a business' legal advisor. It may also be a good idea to check with the employee benefits administration professionals at a company to ensure FMLA and all other benefits now comply with the law.

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