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Another Same-Sex Marriage Ban Falls: FMLA Implications for Wisconsin Residents
Benefits Bryan Cave 
June 17, 2014 "[T]his decision will have an impact on the eligibility of Wisconsin employees to take job-protected leave to care for their seriously ill spouse under the Family Medical Leave Act (FMLA). Current FMLA guidance from the Department of Labor applies a 'place of residence' rule that does not require employers to permit employee leave to care for a same-sex spouse if the employee resides in a state that does not recognize same-sex marriage. If upheld on appeal, the decision would mean that an employee who resides in Wisconsin and was legally married in another state would be eligible for FMLA leave to care for her same-sex spouse." [Wolf v. Walker, No. 14-cv-64-bbc (W.D. Wis. June 6, 2014)] |
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