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The revised definition of "spouse" extends FMLA leave rights and job protections to eligible employees in a same-sex marriage or a common-law marriage entered into in a state where those statuses are legally recognized, regardless of the state in which the employee works or resides. [63]
Parental leave (also known as family leave) is regulated in the United States by US labor law and state law. The Family and Medical Leave Act of 1993 (FMLA) requires 12 weeks of unpaid leave annually for parents of newborn or newly adopted children if they work for a company with 50 or more employees. [1]
As such, California domestic partnerships are functionally equivalent to civil unions offered in several other states. Filing an invalid California Declaration of Domestic Partnership is a serious offense and considered a misdemeanor. Although the program enjoys broad support in California, [3] it has been the source of some controversy. Groups ...
That said, because the California Family Rights Act does recognize domestic partnerships, you can use that for leave protection, according to the California Department of Human Resources.
In California, the Employment Development Department (EDD) is a department of the state government that administers Unemployment Insurance (UI), Disability Insurance (DI), and Paid Family Leave (PFL) programs. The department also provides employment service programs and collects the state's labor market information and employment data.
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The State Controller’s Office typically issues “personnel letters” to communicate larger changes, and CalHR issues its own instructions to departments through “pay letters.”
Under the 1996 Defense of Marriage Act (DOMA), the federal government was prohibited from recognizing same-sex couples who were lawfully married under the laws of their state. The conflict between this definition and the Due Process Clause of the Fifth Amendment to the Constitution led the U.S. Supreme Court to rule DOMA unconstitutional on ...