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May 2015 Archives

FMLA and DOMA: What Same Sex Married Couples Need to Know

Another victory for same sex married couples, but first a little history.  In 2013, the Supreme Court, in U.S. v. Windsor, 570 U.S. 12 (2013) struck down section three of the Defense of Marriage Act as unconstitutional as it limited marriage and spouse to the legal union between one man and one woman as husband and wife, or rather, only opposite-sex couples. This decision had a major impact on the Family Medical Leave Act (FMLA), which allows eligible employees to take unpaid, job protected leave for certain specified family and medical reasons.