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Family Equality Council On FMLA: Protecting Our Families When They’re Most Vulnerable

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This guest article is by Emily Hecht-McGowan, Director of Public Policy for Family Equality Council.

Today, we are celebrating the 20th anniversary of the Family Medical Leave Act (FMLA), and the inclusion of our families in this important law. Since 1993, Americans have accessed benefits under FMLA over 100 million times, and we’ve worked hard as a community to make sure this protection extends to our lives and our families.

What is the Family & Medical Leave Act?

FMLA is the only federal law that allows workers to take leave without endangering their job. Eligible workers can take up to 12 weeks of unpaid leave for health conditions, to bond with a new child, or to care for an ill family member.

Because of our work with the US Department of Labor and our national coalition partners, the FMLA coverage was expanded in 2010 to allow non-legally recognized parents to take leave when their children are sick. In other words, due to this change many of our families now have access to this critical family benefit – including same-sex spouses or domestic partners who are unable to adopt or otherwise become legal parents to the children they are raising.

These provisions can make a tremendous difference for our families, especially when we live in states that don’t permit joint or second-parent adoptions.

What impact does this have on Families? Gina, Pauline, and Lily’s experience with FMLA

Gina Patterson and her wife Pauline were one of the first same-sex couples married in New York – and at the time Pauline was three months pregnant with their daughter Lily. Full of hope for their life together and excited to be welcoming a daughter into their lives, Gina and Pauline were grateful to be happy, healthy, and legally recognized as a family.

When Lily was finally born, Pauline, as Lily’s biological mother, was able to take 12 weeks of paid leave to care for Lily – much like mothers across the country do every day.

But as many new parents know, those 12 weeks go by quickly. Lily wasn’t nearly ready for daycare, and as two working Moms — Gina works for the New York state court system and Pauline is a music publisher – they were facing difficult decisions just as all new parents must.

Knowing that she hadn’t yet had the chance to spend time watching their baby grow and develop and caring for her, and since Gina, a lawyer, knew her options under the expanded FMLA coverage, she applied to take federal unpaid child care leave to care for Lily.

Unlike most opposite-sex couples, who have less trouble accessing these programs and services, Gina was asked for a note from Lily’s pediatrician saying that she should be able to take time off to care for her daughter.  The FMLA expansion that our community secured in 2010 ensured that Lily never lacked the love and nurturing of both her parents could provide.

Because of Gina’s background in the law she was prepared for the amount of advocacy she would need to do on her own behalf to access this coverage – and Lily benefited from Gina’s knowledge and experience.

This is a common experience for many LGBT parents, whether at the doctor’s office or at their child’s school, but not all families are as informed about the law or as prepared to take on this added burden of explaining to schools, doctors, and employers about the vagaries of the legal ties many of us have to our children.

Fortunately, Gina’s workplace was a welcoming one and once the HR department confirmed that Gina was eligible as a parent standing in loco parentis to take leave to care for Lily, and she was able to get the time off she needed.

While Gina, Pauline, & Lily’s story has a happy ending, and baby Lily was never denied having loving mothers when she needed them most, many families have been denied this vital protection.

Where do we go from here?

Many parents are unaware that this coverage exists and not all of these stories are as cut and dry.

Mothers and fathers all over the United States should be able to care for their families in their most vulnerable times without endangering their job. Because of FMLA – and specifically the inclusion of our families in it – many parents who are LGBT are covered, and can focus on the important task of caring for their family.

We are looking forward to building on our successes and to ensuring that our families are completely protected and included. However, there are still important changes to be made. Right now, same-sex spouses/partners are not currently covered under FMLA, in part because of the Defense of Marriage Act (DOMA). We are continuing to work with the Obama administration and our organizational partners to make sure this law includes us completely. We support the Family and Medical Leave Inclusion Act, which would expand the Family and Medical Leave Act to permit an employee to take up to twelve weeks of unpaid leave from work to care for their same-sex spouse/partner with a serious health condition.

We also support the Healthy Families Act, a bill that would provide paid sick leave for all workers to care for their families, including LGBT parents and same-sex spouses/partners.

For more information on these issues, please visit our the Family Equality Council’s Advocacy Center.

The Family Equality Council is on Facebook and Twitter.

skitched-20130205-165923Emily Hecht-McGowan is the Director of Public Policy for Family Equality Council. She previously served as the Legal Director for Servicemembers Legal Defense Network where she assisted service members impacted by “Don’t Ask, Don’t Tell” and related forms of discrimination. Prior to her time with SLDN, Emily was the Assistant Section Director for the American Bar Association’s Section of Individual Rights and Responsibilities where she spearheaded the ABA’s civil rights, human rights and social justice policy work. Emily holds a BA in History from American University and a JD from the Columbus School of Law.  She lives in Takoma Park, MD with her wife Sharon and their daughter Sadie and their trusty beagle, Ellie.

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News

‘Impossible to Lose’: Trump Pitches Strategy to Cement One-Party Rule

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November 7, 2025

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President Donald Trump renewed his demand that Republican senators eliminate the 60-vote filibuster, which he sees as one of the biggest roadblocks to achieving his far-reaching agenda. Now, he said he wants to eliminate the filibuster as a way to ensure permanent Republican control of the government.

The president has been calling for senators to act, despite Senate Majority Leader John Thune’s strong opposition to invoking the “nuclear option.”

In a lengthy Truth Social post last week, Trump expressed his agenda.

“It is now time for the Republicans to play their ‘TRUMP CARD,’ and go for what is called the Nuclear Option — Get rid of the Filibuster, and get rid of it, NOW!” he declared.

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He warned that Democrats want to “substantially expand (PACK!) the United States Supreme Court, make Washington, D.C. and Puerto Rico States (Thereby automatically picking up 4 Senate seats, many House seats, and at least 8 Electoral Votes!), and many other highly destructive things.”

“Well, now WE are in power, and if we did what we should be doing, it would IMMEDIATELY end this ridiculous, Country destroying ‘SHUT DOWN.'”

Trump then admitted: “I want to do it in order to take advantage of the Democrats….”

Trump has repeated his call to end the filibuster several times since then, most recently on Friday afternoon.

“The Democrats will do this,” he said of killing the filibuster, “so if the Democrats are gonna do it, I’m saying Republicans should do it before they get a chance.”

“It’s very simple,” Trump explained.

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“And if we do it, we will never lose the midterms, and we will never lose the general election, because we will have produced so many different things for our people — for the people, for the country — that it would be impossible to lose an election.”

Critics quickly weighed in with warnings.

“I thought the vice president Vance statement about ignoring judges would be it for today,” wrote The Steady State, a group of over 350 former national security and intelligence officials, referring to JD Vance’s apparent suggestion to ignore a federal judge’s order to release about $6 billion in SNAP funds.

“President Trump went a little farther in terms of crossing yet another red line,” the group continued, “explaining why he wants [the] filibuster gone he is very clear. One party rule. Elections that he and his never lose —— that is autocracy.”

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‘Unique Action’: Trump Admin Spins Flight Cancellations as Fix for Traveling Frustration

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November 7, 2025

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U.S. Secretary of Transportation Sean Duffy sought Friday to cast a positive light on the Federal Aviation Administration’s order requiring airlines to cut ten percent of flights at 40 major airports — a move prompted by overworked air traffic controllers who have gone weeks without pay as the government shutdown stretches into its 38th day with no immediate end in sight.

More than 800 flights nationwide were canceled on Friday, leaving some travelers “scrambling to figure out backup plans,” the Associated Press reported.

But According to Secretary Duffy, he has come up with a “unique action” that reduces a major frustration of air travel: flight delays.

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“I asked the head of the air traffic controller union to reach out to his controllers, to ask them to show up. It is their jobs,” Duffy said on Friday.

“If they start coming to work, we may have the same experience we had in Newark: We had delays and cancellations in Newark in the early summer. We reduced the capacity, and then the flights were on time. Right?”

“It was the most on-time months we had in Newark ever,” he added. “So that could be an outcome of what we’re doing, and we’ll see probably more people on less flights, which means less pressure on controllers.”

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Secretary Duffy also said, “There’s a very easy solution to the problem that they put directly on my lap, which is open the damn government. Vote to open the government, so those who snipe at me for having to take really unique action — they put that on my plate.”

Critics blasted Duffy.

Republican former U.S. Rep. Adam Kinzinger wrote: “Cutting flights because of the govt shutdown is a stunt, plain and simple.”

He also remarked, “We’re cutting flights and food because of the govt shutdown but ICE is out [in] full force!”

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Trump Admin Starts Setting Stage for Recession — and Shifting the Blame

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1 day ago

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November 7, 2025

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The Trump administration has begun quietly preparing Americans for the possibility that the economy may be nearing a recession — a broad and painful downturn that officials appear increasingly concerned may be on the horizon.

Economist Kevin Hassett, director of the Trump White House’s National Economic Council, on Friday laid both the groundwork and the blame for any impending recession.

“There’s holiday travel, but there’s business travel,” he told Fox Business’ Maria Bartiromo, as the Federal Aviation Administration (FAA) cut ten percent of flights — about 700 — in 40 high-volume markets across the country as air traffic controllers, who have not been paid in weeks due to the federal government shutdown, are increasingly overworked and under financial strain.

“Business travel is a really big, important part of air travel, and if ten percent of business travel isn’t happening, those are deals that aren’t being cut, and hotel rooms that aren’t being filled,” Hassett explained. “And so the ripple effects, and then the multiplier effects of all that, are really, really large.”

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“And so I think Secretary Bessent wisely said we’re starting to see pockets of the economy that look like they might be in a recession, that we’re not in a recession because of this, but there are pockets that are really hurting,” he added. “And if we go another month or so, then who knows how bad the economy could be this quarter?”

“And we know whose fault that will be,” Hassett said.

Hassett was referring to Treasury Secretary Scott Bessent’s remarks earlier this week.

“I think that there are sectors of the economy that are in recession,” Bessent said on CNN on Sunday, as The New York Times reported.

“He described the economy as being in a ‘period of transition’ because of a pullback in government spending to reduce the deficit,” the Times added. “He called on the Fed[eral Reserve] to support the economy by cutting interest rates.”

The Times also explained the White House’s strategy:

“Mr. Bessent’s remarks added to pressure on the Fed and deflected blame from Mr. Trump in case the economy does ultimately face a downturn, reinforcing a strategy that has been in place since the start of the year. As the administration has imposed aggressive tariffs on nearly all of America’s trading partners and slashed federal spending, potentially slowing growth, it has sought to pin blame squarely on the Fed in the event of an economic downturn.”

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But Hassett’s remarks appeared focused on pinning the blame for a possible recession on the shutdown of the federal government, which Republicans and the White House insist is the fault of Democrats.

President Donald Trump has railed against the Democrats over the shutdown, while increasingly demanding the Senate end it by going “nuclear” and eliminating the upper chamber’s 60-vote threshold for the filibuster, opting instead for a simple majority of votes to pass legislation.

For example, on Tuesday in a Truth Social post, President Trump vowed to hold up SNAP funds despite court orders, writing that food stamp benefits “will be given only when the Radical Left Democrats open up government, which they can easily do, and not before!”

READ MORE: ‘Sick’: Hunger Caucus Head Slams GOP for ‘Starving Children’ by ‘Weaponizing’ SNAP

 

Image via Reuters

 

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