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Common Law Marriage and FMLA
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Common Law Marriage and FMLA
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The FMLA regulations define a spouse to include, "common law marriage in states where it is recognized." As a Pennsylvania employer, defining this has proven difficult.
What I have found states the
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Forums » Topic Forums » Legal Forum » Common Law Marriage and FMLA
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Common Law Marriage and FMLA
posted at 6/28/1999 8:57 PM EDT
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Posts: 30
First: 6/28/1999 Last: 11/3/2004 |
The FMLA regulations define a spouse to include, "common law marriage in states where it is recognized." As a Pennsylvania employer, defining this has proven difficult.
What I have found states the party claiming common law marrige must prove: 1. constant cohabitation; and, 2. "a reputation of marriage which is not partial or divided but is broad and general raises the rebuttable presumption of marriage." There is also mention of "the exchange of words in the present tense spoken with the specific purpose that the legal relationshiip of husband and wife be thereby created." We have had two requests for FMLA for a common law spouse, and I imagine that there will be more as word spreads. Any advice for an easier litmus test? Thank You! Dan |
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Common Law Marriage and FMLA
posted at 7/1/1999 5:04 AM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
You correctly refer to the FMLA regs, which define spouse as "a husband or wife as defined or recognized under State law for purposes of marriage in the State where the employee resides, including common law marriage in States where it is recognized." Looking at the Pennsylvania definition you provided, I can see why you are having problems-- it seems to raise questions of fact as to how often is "constant," what is "cohabitation", what is a "reputation of marriage which is not partial or divided but is broad and general," how would one "rebut" the presumption, etc. Unfortunately, this looks like the kind of issue you may need to put some time into (perhaps your company's legal counsel could shorten that time investment for you) -- at least to the extent you think it will continue to crop up. |
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