Same-sex couples in the U.S. would be eligible for leave to care for their spouses under a rule the Obama administration will propose today.
Gay and lesbian couples in all states, including those in which they are not allowed to marry, would be eligible to take time under the Family and Medical Leave Act to care for a spouse, the White House said in an e-mailed statement.
The U.S. Supreme Court a year ago struck down a law that denied federal benefits to legally married gay couples. Since that June 2013 ruling, it’s been unclear whether unpaid family leave requirements apply to same-sex couples, prompting President Barack Obama to direct the Labor Department to issue the rule ensuring they receive the benefit.
Obama has been under pressure from the gay community and Democrats in Congress to offer more protections to same-sex couples and gay workers. Democrats want to use their support for gay marriage as an advantage in the congressional elections in November, highlighting it as a key difference with Republicans.
The Obama administration also will ask Congress to change the law to allow same-sex couples to receive all federal benefits. The White House said earlier this week that Obama plans to issue an executive order that would bar federal contractors from discriminating against gay and transgendered workers.
Courting Donors
Obama courted donors from the gay community at a fundraiser for the Democratic National Committee on June 17 in New York.
“People have been waiting a long time for justice, and we’re working to deliver on it as fast as we can,” Obama said at the gathering.
Gay marriage is allowed in 26 states and the District of Columbia, approved in those jurisdictions by voters, lawmakers or judges. In seven states, laws banning it that judges have declared unconstitutional remain in effect during appeals.
Under the Family and Medical Leave Act, workers can take up to 12 weeks of unpaid leave to care for an ill family member or for the birth of a child. Employers are required to protect the absent employee’s job. The law applies to companies with more than 50 employees.