FMLA Application for Homosexual Couples

Can my employer refuse to give me FMLA leave to care for my same sex spouse?


 No.  Given the recent decision of the Connecticut Supreme Court in Kerrigan v. Commissioner of Public Health making same-sex marriage legal, in Connecticut, taking time off to care for your same sex spouse is covered by the FMLA.


The U.S. FMLA and the Connecticut FMLA define “spouse” as “a husband or wife as defined or recognized under State law for purposes of marriage in the State where the employee resides.”  29 C.F.R. § 825.113. 


Accordingly, same sex partners have FMLA rights equivalent to heterosexual spouses.
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