Include Gender Identity Disorder and procedures relating to gender transition as a qualifying condition for employer granted medical leave for both the employee and their partners. If she wasn't at work, it would have given us some time to be together and to go to the NICU and be with the babies. Under the FMLA, employers are required to give eligible employees up to 12 weeks of consecutive — or in some circumstances intermittent — unpaid sick leave. Regardless of whether state law raises the floor of medical leave benefits, private employers are free to develop more comprehensive medical leave policies. A handful of states do allow domestic partners to take family leave under state family and medical leave lawsand members of Congress have proposed bills that would expand the federal law to cover domestic partners.
Her wound got infected and burst open, resulting in emergency surgery and a long, painful recovery.
Family and Medical Leave Act: FMLA-Equivalent Benefit for LGBTQ Workers
Because federal law does not recognize same-sex relationships, the FMLA does not require employers to provide an employee leave to care for a same-sex partner or spouse. But it wouldn't solve the many other problems and inequalities that same-sex couples face because federal law fails to recognize gay marriage. While recent guidance from the Department of Labor makes clear that employees, including LGBTQ employees, can take leave to care for a child for whom the employee is serving as a parent, even if there is not a legal or biological relationship to the child, the FMLA has a significant shortcoming for same-sex couples. Federal law does not recognize same-sex relationships, even for something as vital as supporting a seriously ill partner. It was the most difficult period of my life.
In Marissa's case, it was not clear at the time that her partner could take family leave to care for her children. President Obama's endorsement of gay marriage is a step in the right direction. Family and Medical Leave Act FMLA gives many workers the right to take unpaid, job-protected leave from work to care for a spouse of the opposite sex, a child, or a parent when they have a serious health condition, if the worker meets eligibility criteria. But gay couples, even if married, are shut out of these protections when it comes to caring for their partners. Her wound got infected and burst open, resulting in emergency surgery and a long, painful recovery. I had to do it all solo. If she wasn't at work, it would have given us some time to be together and to go to the NICU and be with the babies.