The Department of Labor has issued some great news for LGBT couples and their families: married same-sex couples will soon be eligible for benefits under the Family and Medical Leave Act even if they live in a state that doesn’t recognize their marriage.

From a release on the Department’s website, workers in same-sex marriages will have the same rights as those in opposite-sex marriages to federal job-protected leave under the FMLA to care for a spouse with a serious health condition.

U.S. Secretary of Labor Thomas E. Perez had this to say about the rule change:

"The basic promise of the FMLA is that no one should have to choose between the job and income they need, and caring for a loved one. With our action today, we extend that promise so that no matter who you love, you will receive the same rights and protections as everyone else. All eligible employees in legal same-sex marriages, regardless of where they live, can now deal with a serious medical and family situation like all families — without the threat of job loss."

This rule change updates the FMLA definition of “spouse,” and makes eligibility for federal FMLA protections based on the law of the place where the marriage was entered into. “This ‘place of celebration’ provision allows all legally married couples, whether opposite-sex or same-sex, to have consistent federal family leave rights regardless of whether the state in which they currently reside recognizes such marriages.”

The FMLA, enacted in 1993, entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons. Extending this right to same-sex couples is consistent with the Obama administration's efforts to expand federal benefits of marriage to same-sex couples, regardless of where they live. We at the Federation applaud the Department of Labor for taking this step to provide necessary benefits to committed and loving couples.

The final rule changing existing policy under the Family & Medical Leave Act will take effect on March 27.