Victims of domestic violence could take FMLA leave under proposed bill

Today's post comes from G.Neil's HR News Weekly:

Coinciding with National Domestic Violence Awareness Month in October, a California Congresswoman is reintroducing legislation that would assist victims of domestic violence. The Domestic Violence Leave Act would allow employees to take leave under the Family and Medical Leave Act (FMLA) to address incidents of domestic violence, sexual assault and stalking -- whether directed at themselves, a spouse (including domestic partner and same-sex spouse), parent or child.

FMLA leave could be used for a variety of reasons:

... Seek medical attention for injuries
... Obtain legal assistance
... Participate in a legal proceeding
... Attend support groups or therapy
... Participate in safety planning

The affected employee could substitute paid leave for the leave available under this bill. And while an employer would be entitled to obtain certification that the employee is taking the FMLA leave for legitimate reasons, the employer would be held to strict confidentiality standards.

Rep. Lynn Woolsey pointed out that domestic violence is a widespread problem in our country, emphasizing that her bill "ensures that those who have suffered abuse have the time to recover, physically and emotionally, without losing their job or forfeiting the income that supports them and their family."

For fast, easily searchable answers to all your FMLA compliance questions, check out SolveIt Now™ -- available for immediate download or on CD-ROM.

Victims of domestic violence could take FMLA leave under proposed bill

New FMLA ruling permits child-care leave for same-sex domestic partners

On Tuesday, June 22, the Department of Labor (DOL) issued a new interpretation of the Family and Medical Leave Act (FMLA) clarifying that employees are entitled to FMLA leave to care for the child of a same-sex partner (for the child's serious health condition, or to bond with a newborn or newly adopted child). The announcement is not a revision to the FMLA, but a new interpretation of the existing law which has always recognized rights of employees acting "in loco parentis" to a child. In short, an employee may now claim "in loco parentis" status if he/she "intends to assume the responsibilities of a parent with regard to a child" and provides "either day-to-day care or financial support for the child."

For the first time, the DOL has stated that this includes children of a same-sex partner even where there is no biological or legal relationship.

Because of this ruling, as many as 100,000 children in 50,000 families will now have access to a second parent’s time for dedicated care. (GLTNewsNow.com) As the online article states: “The ruling provides important support for legally vulnerable families at particularly stressful times for families.”

There is no word yet if this new interpretation will impact the mandatory FMLA labor law poster or related HR forms, but we will continue to monitor the situation closely. At this point, it looks like the poster or forms will not be updated because "in loco parentis" has always been included - it's just the underlying definition of that term that has changed. In the meantime, however, you can count on G.Neil to provide expert guidance on the new interpretation, and what it means for your workforce.

New FMLA ruling permits child-care leave for same-sex domestic partners

Making COBRA available for domestic partners, too

Losing a job is difficult enough. But even more disruptive is losing your health coverage. That’s why many people opt for COBRA to maintain their coverage after termination – protection and peace of mind for you, your spouse and your dependent children.

But what if you’re in a gay relationship? Under current COBRA law, continuation coverage would not apply to your same-sex spouse or partner, even if you worked for a company that offered this level of health coverage.

Senator Barbara Boxer of California wants to do something about that. She recently introduced legislation – the Equal Access to COBRA Act of 2010 - that would allow many domestic partners the same access to COBRA health coverage that married couples currently have.

COBRA coverage would apply to those companies that already offer health benefits to domestic partners and their children. (Currently, that amounts to more than half of Fortune 500 companies.) Domestic partners could also tap into the 65% COBRA premium subsidy that has been extended a couple of times under the Obama administration.

On her website, Barbara Boxer states:

“This is a question of fairness: Every family deserves access to health insurance, especially in this tough economy. This bill ensures that domestic partners and their families will have equal access to health coverage after a job loss.”

Boxer’s proposed bill is now with the Senate Committee on Health, Education, Labor and Pensions.

Making COBRA available for domestic partners, too