The Family and Medical Leave Act (FMLA) provides protections for workers who need to take unpaid leave to care for ill or injured family members. The FMLA also guarantees unpaid leave for new parents, including adoptive parents.
The U.S. Department of Labor, Wage and Hour Division has ruled that, as of August 2013, people in same-sex marriages are entitled to the protections provided by the FMLA. In October 2013, the New Jersey Supreme Court ruled that the state must recognize same-sex marriages. The combination of those two facts opens a range of options for New Jerseyans:
In short, all employee benefits must apply equally to opposite-sex and same-sex couples, regardless of where the couple lives or works. All that matters is whether they are legally married.
If your employer fails to recognize your rights, speak with an employment attorney.