Brightmine HR & Compliance Center Employment Law Guide 2510

Summary

• Author(s): Susan A. P. Woodhouse, Littler

  This section should be reviewed in conjunction with our in-depth federal coverage of this topic.

  Obergefell v. Hodges, 2015 U.S. LEXIS 4250 (U.S. June 26, 2015).

  Same-sex marriage is legal nationwide, and couples lawfully married in any state, including Florida, are entitled to FMLA spousal leave benefits.

  In addition, a Florida employer should be careful if it seeks to confirm an employee's same-sex spousal relationship (for purposes of FMLA) to ensure it does not discriminate in any way. While the FMLA allows an employer to confirm a family relationship, the employer's practices to confirm such relationships should be the same for employees in same-sex marriages as those in opposite-sex marriages (e.g., if an employer does not ask heterosexual employees for marriage licenses it should be careful about asking homosexual employees for such documentation).

  Apart from FMLA considerations, employers with employees residing in Florida should look at ...