Is gender dysphoria covered under FMLA?

The FMLA limits eligibility for leave to employees with “serious health conditions” preventing the employee from working. Under this analysis, gender dysphoria should be recognized as a serious health condition under the FMLA.

Is gender dysphoria a serious health condition?

The American Medical Association (AMA) established in a 2008 resolution that gender dysphoria (then GID) is a “serious medical condition” with symptoms including “distress, dysfunction, debilitating depression and, for some people without access to appropriate medical care and treatment, suicidality and death.”

Can a same-sex spouse take FMLA leave?

The Final Rule amends the regulatory definition of spouse under the FMLA so that eligible employees in legal same-sex marriages will be able to take FMLA leave to care for their spouse or family member, regardless of where they live.

Who is not covered by the FMLA for couples?

FMLA Rules for Couples: So, Who’s Not Covered? The U.S. Department of Labor’s issuance of a final rule amending the definition of “spouse” in the federal Family and Medical Leave Act (“ FMLA ”) regulations has inspired us to prepare a new series of FMLA-related blog posts on the subject of “FMLA Rules for Couples.”

Do you have to include domestic partner in FMLA?

The coverage for a domestic partner as a family member may be required by state law or voluntarily provided by an employer, but FMLA does not include a domestic partner as a family member.

How does the final rule affect FMLA spousal leave?

A. The limitation on leave for spouses working for the same employer applies to all spouses who work for the same employer, including spouses in same-sex and common law marriages, as defined by the Final Rule. 11. Q. How does the Final Rule affect FMLA spousal leave for an employee who entered into a same-sex marriage in a foreign country?

Is FMLA federal law?

While the FMLA is a federal law created for employees and their families, specific elements of the FMLA are expanded within California, and this poses a challenge to compliance and business operations.

At what age can gender dysphoria be diagnosed?

Most Gender Dysphoria Established by Age 7, Study Finds.

Family and Medical Leave Act (FMLA) Coverage of Same-Sex Spouses. A child of a same-sex spouse continues to be eligible for care under the FMLA and should be treated the same as a child of an opposite-sex spouse. An employee may take FMLA leave to care for any child to whom he or she stands in loco parentis.

Can a family member use FMLA time off?

(The amount of sick leave that may be used to care for a family member is limited. See Sick Leave to Care for a Family Member with a Serious Health Condition .) FMLA leave is in addition to other paid time off available to an employee.

How does FMLA affect health insurance for employees?

Employers are also required to continue group health insurance coverage for an employee on FMLA leave under the same terms and conditions as if the employee had not taken leave. See Fact Sheet 28A : Employee Protections under the Family and Medical Leave Act .

What does the family and Medical Leave Act do?

The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons.

How does the family and Medical Leave Act ( FMLA ) work?

The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. The FMLA also includes certain military family leave provisions.

What are qualifying reasons for leave under FMLA?

The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons, with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. See also