     EXCELLENT

Employers should review FMLA policies after the Supreme Court’s same-sex marriage decision

In the landmark decision of United States v. Windsor, the Supreme Court struck down the Defense of Marriage Act’s (DOMA) provision which denied federal benefits to gay couples who are legally married in their states. The Department of Labor (DOL) responded by updating the definition of “spouse” in the Family Medical Leave Act (FMLA). As DOL updates its policies, employers should consider what changes they need to make to ensure FMLA-compliance with this quickly evolving area of law.

The most crucial change for employers to bear in mind is FMLA spousal leave now applies to certain legally married, same-sex couples. The definition of “spouse” has been officially broadened for FMLA-purposes. Per the revised DOL Fact Sheet, a “spouse” now means a “husband or wife as defined or recognized under state law for purposes of marriage in the state where the employee resides, including ‘common law’ marriage and same-sex marriage.” In other words, assuming other FMLA eligibility factors are met, employees are entitled to take FMLA leave to care for same-sex spouses who have a serious health condition if (a) the employees are domiciled in one of the 13 states or the District of Columbia which recognize same-sex marriage and (b) the employees are married to a same-sex spouse recognized by their home state.

In order for companies to determine their FMLA obligations, they should look towards the state law where the employee resides, and not any other state law. For example, an employee’s eligibility under the FMLA is not dependant on the state law where the employee was married or the state law where the company is located. What this means is that if a company is located in a state which recognizes same-sex marriage, but the employee lives in a state that does not recognize same-sex marriage, that employee is not FMLA-eligible concerning a same-sex spouse’s serious health condition. This issue is common and will likely arise even more frequently in the D.C. Metropolitan area because Maryland and the District of Columbia recognize same-sex marriages, while Virginia does not.

Based on this recent change, employers should not only consider revisiting their handbooks and policies, but should also consider reviewing and updating databases and payroll systems to reflect the marital status of employees in order to better determine and keep track of employee-eligibility under the FMLA. It may also be prudent to update and train supervisors and HR personnel concerning any of these policy changes.

Client Reviews

    
 
 
       Posted on Google  
   
   Anonymous 
 
 
 
 Trustindex verifies that the original source of the review is Google. I was facing a charge of Reckless Driving for speeding on I66 at midnight. This is considered a Class 1 Misdemeanor in the state of Virginia. Having something like Reckless Driving on your record is on par with having a DUI. This charge also carries a chance for jail time (up to a year).

I was incredibly scared because I had never faced such a charge. And looking into Virginia Law, my speed exceeded 90mph, which is quite serious.

I retained Dave Albo to help me with this case. Since my record was clean, Dave had advised I do the following before my trial.

* Take a DMV Driver's Improvement Course

* Take a Behavior Modification Course

* Do 100 hours of community service

* Print my DMV Record one week before the trial

On the day of my trial, Dave got my Reckless Driving charge REDUCED to a regular Speeding charge. This was the absolute best case scenario for me.

No criminal record.
No jail time.
No suspension of license.

I did receive 6 demerit points and had to pay a fine of $250 (plus court fees). But that's a slap on the wrist, compared to what I could have been facing.

Thank you Dave Albo for helping me through this ordeal!
  
 
      Posted on Google  
   
   Tom 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave albo it's a fantastic lawyer.
He has helped me twice now with great results both times with minor traffic tickets.
I would recommend him to anybody including my family. He has great ethics and honesty which is what I look for in a lawyer .
  
 
      Posted on Google  
   
   kendall carpenter 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave was my attorney recently for a car accident where I needed someone to represent me in court. After exchanging all necessary information he reassured me when the court date came that there wouldn’t be anything to worry about. On the day of court a couple problems arose and Dave was able to rectify them quickly, told me everything I need to say if needed and when it was all over he got my violation reduced significantly. I hope to never go to court again but if I do I will being calling Dave again.
  
 
      Posted on Google  
   
   Amanda Stallard 
 
 
 
 Trustindex verifies that the original source of the review is Google. Retaining the services of Mr. Albo for traffic court was probably the best decision I made. He is very responsive to emails, knowledgeable, and punctual. He provided excellent advice that eased the panic of having to go to the court house and stand before a judge. I am very happy with the outcome of my visit to traffic court and highly recommend Dave Albo.
  
 
      Posted on Google  
   
   Mark West 
 
 
 
 Trustindex verifies that the original source of the review is Google. Mr Albo was very professional and I was pleased with the outcome.
  
 
      Posted on Google  
   
   M 
 
 
 
 Trustindex verifies that the original source of the review is Google. David was incredible to work with from clear communication and next steps. To showing up to traffic court early to walk over all steps, making case in court as experienced/intelligent/well spoken lawyer. Lastly, he even followed after case in writing to confirm the outcome outlining everything that happened in lamen terms (in my case the best outcome we could ask for). I’m so appreciative to David.
  
 
      Posted on Google  
   
   mitquinn88 
 
 
 
 Trustindex verifies that the original source of the review is Google. Absolutely top notch representation. Can't thank Dave enough for his knowledge and expertise.
  
 
      Posted on Google  
   
   G R 
 
 
 
 Trustindex verifies that the original source of the review is Google. Thanks to Dave Albo for a fantastic job representing me and ensuring the best possible outcome for my case.  I highly recommend him - you will be in good hands for sure.  From start to finish he provided expert counsel and kept me well informed.  He  simply could not have done a better job.
  
 
      Posted on Google  
   
   Hope Carrigan 
 
 
 
 Trustindex verifies that the original source of the review is Google. I am THRILLED with the outcome of my case, all thanks to Attorney Albo's superb expertise, excellent advice & sharp negotiating skills! I am extremely relieved and  grateful; I highly recommend retaining his services. Well beyond worth it!!
  
 
      Posted on Google  
   
   Doug Damron 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave did a great job representing me for my traffic court infraction! I wanted the best and his name came up as I searched for an attorney. Highly recommend him on all levels including a successful outcome to my case.