Obama Administration to Expand Family and Medical Leave to Same-Sex Parents, Other Non-’Traditional’ Families
EmailSecretary of Labor Hilda Solis will this week — likely Tuesday — issue regulations ordering businesses to abide by an expanded interpretation of the Family and Medical Leave Act, sources tell ABC News, an interpretation that will require them to recognize on one level same sex marriages and other non-"traditional" families when upholding the 1993 law giving employees unpaid leave to care for sick family members or newborns.
"Families look different now," an Obama administration official told ABC News. "Family relationships look different now. And we're interpreting the law to reflect that."
The move is not, however, a full expansion of the 1993 Family and Medical Leave Act requires businesses of 50 or more employees to provide up to 12 weeks of unpaid leave within a 12-month period for employees to care for family members with medical needs, including childbirth. This expansion applies only to caring for children.
The official — who requested anonymity since he had not been authorized to speak about the announcement, which was reported earlier this evening by The Associated Press — insisted that the move "is not a change in the law, but it's an interpretation of the law. And it's a long time coming."
The administration official said the new interpretation takes a more expansive view of what a family is, include the legal term "in loco parentis" — "people who act as parents. So, yes, gay parents would count, but also it's the grandmother that has a set relationship with the grandchild." The expanded interpetation will not apply to same sex partners caring for each other.
As it happens, President Obama is scheduled to deliver remarks at an event for LGBT — lesbian, gay, bisexual, and transgender — Pride Tuesday evening in the East Room of the White House.
The official said that the announcement is "much broader than LGBT families. It's certainly a win for the LGBT community, but it's also a win for working families no matter what they look like."
LGBT activists have criticized the president for taking his time in implementing initiatives that would afford LGBT individuals and couples the same rights as heterosexuals. Coverage of this announcement in LGBT press would seem to indicate that the fact that full familial rights are not being bestowed by this announcement will remain an issue until President Obama follows through with campaign promises such as overturning the Defense of Marriage Act.
– Jake Tapper
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If same sex marriages are illegal in most states, wouldn’t this cause a major legal battle between states and the federal government? Same sex marriages are not even recognized by the federal government so how can they implement a law protecting rights that don’t exist?
Posted by: Bea | June 21, 2010, 10:06 pm 10:06 pm
“And we’re interpreting the law to reflect that.”
Sure, why not? The Obama administration has been “interpreting the law” to suit their needs since The One took office. Why stop now?
(BTW – This would appear to be yet another attempt to rally a key base constituency in advance of the drubbing the Democrats are going to take in November)
Posted by: tjp612 | June 21, 2010, 10:44 pm 10:44 pm
“…but it’s also a win for working families…”
You can always identify the commonality of political movements by the code words. In Canada, for example, the socialist New Democratic Party always refers to “ordinary working people.”
What’s ironic is that some of us truly “ordinary” people will soon be an endangered species.
Posted by: Bob | June 21, 2010, 11:56 pm 11:56 pm
The downfall, the outcry, the story will be all the little exceptions the administration is trivializing. This only addresses childcare concerns, no others.
The argument will simply be LGBT couples are still second-class citizens, just now the differences are slightly smaller than they were before this “re-interpretation”.
Also, expect to hear how these are meaningless “benefits” because to take advantage of them a person would have to go without pay for the time they take off to care for a family member, and then, because we are approaching a mid-term election, expect to hear members of one political party propose (again) that folks that avail themselves of this “benefit” should be entitled to unemployment benefits. Of course this makes no sense, because to be eligible for unemployment you can’t have a return date for work and you must be willing and able to take a new job while collecting unemployment.
Posted by: n2vip | June 22, 2010, 12:13 am 12:13 am
“If same sex marriages are illegal in most states, wouldn’t this cause a major legal battle between states and the federal government?” – Bea
Good question Bea.
But the truth is there is no such thing as Same Sex Marriage.
Marriage is the union of a Man and a Woman.
The proper term to use is Garriage.
Garriage is the Union of two people of the same sex.
If the government wants to extend some coverage to Garried people then it needs to amend the law.
As to NoBo reinterpreting existing law/policy to include Gay people who take car of kids, I’m OK with that.
Keep in mind though it’s a Big Social Experiment that may not be what’s best for society.
That said, lets try it out and see what happens.
Posted by: Noz | June 22, 2010, 8:25 am 8:25 am
“Garriage”? Did you come up with that idiotic term yourself? If the rights are going to be equal–equal rights–which is exactly what we are working for, then we don’t need stupid semantics so skittish right-wingers can feel better about it and assuage their petty fears of everything different from themselves, instead of allowing them to try and force them on everybody else.
Semantics? Ok
We call it equal rights.
Right-wingers call it equal frights.
Posted by: Skip | June 22, 2010, 8:58 am 8:58 am
Skip, You’re right. Not only those petty fear but also right winger suffer a “superiority” complex and hate it when they’re not allowed pick on any group different form them to avoid dealing with their insecurities.
Posted by: Ryu | June 22, 2010, 10:20 am 10:20 am
” feel better about it and assuage their petty fears of everything different from themselves, instead of allowing them to try and force them on everybody else.” – Skip
Are you talking about the LGBT activists?
Listen Skip, Bob and Linda Iowa don’t want to be considered the same as Jeff and David San Francisco. You can’t blame them, what they have is not the same as the what the guys enjoy. Two different things, two different words to describe it. The LGBT activists shouldn’t try and force there views on others.
btw, Garriage is something that’s talked about on University Campuses.
Professors debate it’s merits.
Get up to date dood.
Posted by: Noz | June 22, 2010, 11:08 am 11:08 am
we’re not interupting any laws any illegal things. we just want to be happy. sure federal government may does not approve on many things but not giving jobs to LGBT thats just not right. everyone has rights.
but some people just dont let others be happy.
and the word “GARRIAGE” what kind of word is dat. its MARRIAGE people its when two people are so in love and sure something together..
Posted by: FaBee | June 22, 2010, 11:43 am 11:43 am
He’s been saving this to try and stir up something that might get a few more dems to the polls in November. Nothing helps that more than a good, perfectly timed, fight.
It has nothing to do with “compassion”, or “equality”, or any of that crap. It’s all about November. Right, Progressive Mama?
Posted by: smartlillena | June 22, 2010, 1:00 pm 1:00 pm
It’s time America. It’s time Mr Obama.
It’s the 21st century.
Onward to full marriage equality,
Joe Mustich, Justice of the Peace,
Washington, Connecticut, USA.
As a justice of the peace, I perform non-religious and civil marriage ceremonies for opposite-sex and same-sex couples all the time in CT, where we support marriage equality rights.
As does most of New England,, Iowa, DC, many EU countries, S Africa, Israel-Palestine, and many other countries (Iceland) and cities (Mexico City)around the world.
And to the sexually phobic and flat earthers please find another issue,
Posted by: Joe Mustich | June 22, 2010, 3:04 pm 3:04 pm
And to the sexually phobic and flat earthers please find another issue,
Posted by: Joe Mustich
—
The biggest issue is the timing. Do ya reckon your Prez is using you guys to help him out of another mess? LOL. It ain’t gonna work.
A crisis is a terrible thing to waste. But it’s a hell of a thing to screw it up and completely miss out on it!
Posted by: smartlillena | June 22, 2010, 6:38 pm 6:38 pm
“The biggest issue is the timing.”
The biggest issue is whether you use tin foil or aluminum foil in your hat.
Posted by: Ryan C | June 22, 2010, 8:05 pm 8:05 pm
tin foil or aluminum foil ?
—
I got all of my hair. If you think his big announcement had more to do with “compassion” or “equality” than it had to do with election politics you might want to consider trying out for the Whale War crew. Talk about a bunch of dim bulbs!
Posted by: smartlillena | June 22, 2010, 11:56 pm 11:56 pm
Posted by: Joe Mustich | Jun 22, 2010 3:04:33 PM
I’m glad you do Joe.
I am grateful there is one state in the union that legalized unions of same sex people. I think it’s a great idea for those type of people to move and live in Connecticut. You are doing the nation a great service.
btw, there’s no such thing as Same Sex Marriage.
Marriage is the union of a Man and a Woman
Garriage is the union of two people of the same sex.
Try to get up to date Joe, you are so yesterday.
Posted by: Noz | June 23, 2010, 10:07 am 10:07 am
Does anybody know of any good medical assistant Brighton positions?
Posted by: benp | September 27, 2010, 2:54 pm 2:54 pm
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Posted by: Ashlyn | October 18, 2011, 10:41 pm 10:41 pm