Financial
Business: Family Medical Leave for gay couples?
New hope that Supreme Court’s DOMA decision will clarify, not confuse

(Photo courtesy bigstock)
Although two decades have passed since its enactment, the Family and Medical Leave Act (“FMLA”) continues to evolve through court decisions. The FMLA allows an eligible employee of a covered employer up to 12 weeks of unpaid, job-protected leave for specified family and medical reasons. In December 2012, the U.S. Supreme Court announced that it would consider whether the Defense of Marriage Act unlawfully denies benefits to gay and lesbian couples who are married in states that allow such unions. A Supreme Court decision nullifying DOMA could have wide-ranging impacts, including how the FMLA covers “caring for a spouse.”
The FMLA allows an eligible employee up to 12 weeks of job-protected leave to care for a spouse who suffers from a serious health condition. As a preliminary matter, the FMLA regulations provide that the term “spouse” is defined in terms of the applicable state law:
Spouse means a husband or wife as defined and 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.
This FMLA provision, however, has been limited by DOMA’s definition of “spouse” to mean only opposite-sex spouses. DOMA, clearly states that the word “marriage” means only a legal union between husband and wife, and the word “spouse” refers only to a person of the opposite sex who is a husband or a wife.
Recently, a federal court in Michigan rejected an employee’s claim involving the FMLA’s provision for “caring for a spouse.” In the case of Copeland v. Mid-Michigan Regional Med. Ctr., (E.D. Mich. Feb. 16, 2012), the plaintiff employee asserted a claim for violation of the FMLA by her employer for failing to provide leave, demoting her, and putting her on probation as a result of her absences to care for her terminally ill same-sex partner which ultimately resulted in her termination. The U.S. District Court for the Eastern District of Michigan found that plaintiff’s FMLA claim failed, as a matter of law, because the FMLA only provides leave for an employee to care for a “spouse,” which is defined in the regulations, as a husband or wife defined or recognized under state law for the purposes of marriage in the state where the employee resides.
The court rejected Copeland’s claim under the FMLA because in Michigan, same-sex marriages are not constitutionally recognized and common law marriages were abolished. The couple, thus, was not husband and wife as defined and recognized by state law, and the employee was not the sick partner’s “spouse” for purposes of the FMLA. The court also ruled against the employee with respect to her claim that the employer violated its internal FMLA policy because the employee handbook defines “family member” to include a domestic partner. The Copeland Court held that “[a]ny possible cause of action relating to violation of internal FMLA policy by virtue of defendant employer’s handbook definition of “family member” does not provide a basis for a statutory claim under the FMLA.
While the Copeland case was decided under Michigan law, given the current law in D.C. and the recent legalization of same-sex marriage in Maryland, the results may be different. On the other hand, Virginia, like Michigan, does not recognize same-sex marriage and as such, any result in Virginia would likely be the same. Employers as well as members of the LGBT community are anxiously awaiting further guidance from the Supreme Court in June 2013 regarding this issue. If the Supreme Court rules that DOMA violates the rights of same-sex couples who are legally married under the state laws where they reside, then an employee arguably—at least in states, such as D.C. and Maryland, where same-sex marriage is legal—may be entitled to request FMLA leave to care for a same-sex spouse. If the court rules that the state law references in the FMLA were modified by the subsequent DOMA statute, then same-sex spouses may not enjoy the same FMLA benefits as opposite-sex couples.
(The contents of this article are intended for general informational purposes only and should not be considered legal advice.)
This is a part of a series of monthly articles by Jackson & Campbell, P.C. on legal issues of interest to the LGBT community. Jackson & Campbell, P.C. is a full-service law firm based in Washington with offices in Maryland and Virginia. Those with questions regarding this article, please contact Michele Dearing at 202-457-1629 or [email protected]. Those with questions regarding the firm should contact Don Uttrich, who chairs its Diversity Committee, at 202-457-4266 or [email protected].
Real Estate
Stress-free lease renewals during winter months
A season when very few tenants typically move
January has a way of waking everyone up. After weeks of holiday noise, travel, family visits, and a general blur of activity, the new year arrives with its usual mix of resolutions, optimism, and responsibility. People start looking at their calendars again. To-do lists reappear. And tucked away in there is something many tenants didn’t give much thought to in December, their lease renewal.
Renewals in winter matter more than most people realize. It is a season when very few tenants typically move. The weather is unpredictable, schedules are tight, and most people are trying to regain their footing after the holidays. Because of this, renewal conversations tend to be more productive and more grounded.
Many landlords think of spring and summer as the heart of leasing season, and while that’s certainly when moves are most common, winter renewals hold their own kind of importance. A well-timed renewal does more than keep a unit occupied. It provides predictability for the year ahead, strengthens relationships, and reduces the costly turnover that smaller landlords want to avoid.
In my experience, tenants who might hesitate during another time of year are often relieved to secure housing before the pressures of spring and summer begin. Uncertainty is one of the prime causes of unnecessary turnover. If tenants don’t hear from their landlord, they often start browsing listings “just in case,” or asking friends about other options. Once that door is opened, it can be hard to close. Initiating the renewal process early helps anchor tenants before doubts start creeping in.
Tenants often make clearer decisions in January than they would in November or December. During the holidays, people are distracted and stretched thin; emails are skimmed, not absorbed; and anything involving planning often gets deferred until “after the new year.” When tenants return home in January, they have a better sense of their plans, their budget, and their needs for the coming months. This makes it a much easier moment to start or restart a renewal conversation.
The practical reality is that most tenants don’t want to move in the winter. Who wants to haul furniture across icy sidewalks or deal with last-minute moving delays due to storms? Beyond the weather, January is a time when people are reorganizing finances, filing paperwork, and settling into routines. The thought of a major transition simply doesn’t fit. Landlords can use this natural reluctance to create a smoother, more collaborative renewal process.
One thing I’ve learned over the years is that clarity is a landlord’s best tool. Tenants don’t need lengthy explanations, legal jargon, or complicated attachments. They simply want to know:
- Are the terms changing?
- If so, how?
- What does their timeline look like?
- Would the landlord consider another set of terms?
A concise, well-laid-out renewal offer does two things. First, it demonstrates transparency, which builds trust. Second, it keeps the conversation focused and productive. When tenants understand exactly what’s being proposed, there is less back-and-forth, fewer misunderstandings, and a quicker path to a signed agreement.
Tenants are more receptive when they feel they’re being treated fairly and openly. If there’s a rent adjustment, a brief explanation helps tenants see the reasoning behind it, such as increased operating costs, significant maintenance completed during their stay or alignment with the market.
Lease renewals are moments of connection. The best landlord-tenant relationships are built over time through small exchanges, transparency, and mutual respect. Renewal season offers an opportunity to reinforce that.
A simple acknowledgement of the tenant’s care for the home or their timely payments can set a positive tone. Even a short note of appreciation signals that you see them not as a lease term, but as a partner in maintaining the property. These gestures cost very little but create a sense of goodwill that carries through maintenance requests, policy reminders, and everyday communication.
Many landlords underestimate how much tenants value being treated as individuals rather than account numbers. A thoughtful, personal touch during the renewal process can make a tenant feel recognizednand more inclined to stay.
Renewals aren’t only about securing another term lease.They’re also a natural moment to check in on the overall health of the property and the tenant’s experience. J anuary provides a quiet space to step back and ask:
• Are there maintenance concerns the tenant hasn’t mentioned yet or that have not been fully resolved?
• Is the property due for upgrades or any preventative work?
• Are there responsibilities or expectations worth revisiting?
These conversations don’t need to be long or formal, but they help prevent the small issues of one year from becoming the larger problems of the next. A tenant who feels heard is more likely to take good care of the home, communicate proactively, and renew again in future years.
While landlords must maintain structure and protect their assets, a bit of flexibility can go a long way during the renewal process. Tenants are often rebalancing budgets after holiday spending. Offering digital signatures, Having brief calls to clarify terms, being flexible, or a few extra days to make a decision can ease stress without compromising the landlord’s position.
Flexibility is about recognizing human realities. Most tenants appreciate being treated with patience and professionalism, and often reward that consideration with prompt decisions and smoother communication. There are many reasons why a full year renewal may not coincide with their plans. Being able to work out mutually agreeable renewal terms makes the solution a win for both parties.
For landlords, especially smaller ones, stability is the foundation of successful property investing. A vacant unit, even briefly, costs more than most people realize. There are marketing expenses, cleaning, repairs, lost rent, and the unpredictable timeline of finding the right new tenant. By contrast, securing a renewal with an existing reliable tenant protects cash flow, reduces risk, and creates predictability in planning.
January renewals, when handled well, deliver this stability right at the beginning of the year. They give landlords a clear roadmap for budgeting, maintenance scheduling, and forecasting. They also give tenants the security of knowing exactly where they stand, which reduces stress on both sides.
A lease renewal may seem like a small moment in the life of a property, but in practice, it shapes the experience of the year ahead. When the process is organized, honest, and respectful, it sets a tone that carries through every interaction until the next renewal date.
January is a time to consider leaning into this approach. The pace is slower, the mindset is clearer, and both landlord and tenant are ready to step into the year with more intention. A renewal handled thoughtfully now paves the way for a smoother, quieter, more predictable twelve months, something every landlord and every tenant can appreciate.
Scott Bloom is owner and senior property manager at Columbia Property Management.
Real Estate
Child- and pet-proofing your home for the holidays
It isn’t about being perfect but about being prepared
The holidays are meant to be joyful, cozy, and full of laughter — but if you have young children or pets, they can also feel a little chaotic. Twinkling lights, shiny decorations, guests coming and going, and tables full of tempting food can turn your home into a wonderland of curiosity and mischief. The good news? With a little thoughtful planning, you can keep the holiday magic alive while making your home safer for everyone who lives there.
There’s something oddly comforting about movies where animals go to war with holiday decorations, turning carefully strung lights and perfectly placed ornaments into chaos. Whether it’s a mischievous dog tangled in tinsel or a curious cat launching a full-scale assault on a Christmas tree, these scenes tap into a universal experience for pet owners.
The humor comes from the contrast: the human characters are trying to create warmth, tradition, and picture-perfect cheer, while the animals see the decorations as toys, obstacles, or personal enemies. The resulting destruction — trees tipping over, ornaments shattering, lights blinking out—feels exaggerated but relatable, especially during the already hectic holiday season.
Let’s start with decorations because they tend to be the biggest attraction. Ornaments sparkle, garlands dangle, and everything seems designed to be touched, pulled, or tasted. If you have little ones or pets, consider placing your most fragile ornaments higher on the tree and using shatterproof options on the lower branches. Tinsel and ribbon may look festive, but they can be dangerous if swallowed, so skipping them or keeping them well out of reach is a simple way to reduce risk without sacrificing style.
Holiday lights are another favorite fascination. Before hanging them, take a few minutes to inspect each strand for frayed wires or broken bulbs. Secure cords along walls or behind furniture so they’re harder to grab or chew and unplug them when you leave the house or head to bed. Not only does this help prevent accidents, but it also gives you one less thing to worry about during a busy season.
The Christmas tree itself can become a focal point for exploration. Make sure it’s sturdy and well-anchored so it doesn’t tip if a toddler tugs on a branch or a pet decides to investigate. If you use a real tree, cover the water base since tree water can contain additives that aren’t safe if consumed. For artificial trees, keep an eye out for loose pieces or needles that could become choking hazards.
Food is a big part of holiday celebrations, and it’s also one of the most common sources of trouble. Many traditional treats—like chocolate, grapes, raisins, alcohol, and foods containing xylitol—are dangerous for pets. Keep plates and serving dishes up high, secure the trash can, and gently remind guests not to slip pets or kids “just a little bite” without checking first. For children, be mindful of hard candies, nuts, and small treats that could pose choking risks.
Candles and fireplaces add warmth and charm, but they deserve extra caution. Flameless candles are a wonderful alternative if you want ambiance without worry. If you do use real candles, place them well out of reach and never leave them unattended. Fireplaces should always have a sturdy screen or gate, especially with crawling babies or curious pets nearby.
Holiday gatherings bring wonderful energy into your home, but they can also create new challenges. Doors opening frequently make it easier for pets to slip outside, so consider setting up a quiet, comfortable space where they can relax during busy get-togethers. This can help reduce stress for them and give you peace of mind. For children, stair gates, locked cabinets, and clear boundaries can help prevent accidents when there’s extra excitement in the air.
New toys and gifts are another thing to watch closely. Packaging, twist ties, plastic wrap, and especially button batteries should be cleaned up promptly. These items are easy to overlook in the excitement of gift-opening but can be dangerous if swallowed. Taking a few minutes to tidy up as you go can make a big difference.
Lastly, try to keep routines as steady as possible. The holidays naturally disrupt schedules, but familiar mealtimes, naps, walks, and bedtime rituals help children and pets feel secure. A calmer household often means fewer accidents and a happier experience for everyone.
At the end of the day, child- and pet-proofing your home for the holidays isn’t about being perfect but about being prepared. A few small adjustments can help you relax, enjoy your guests, and focus on what truly matters: creating warm, happy memories with the ones you love. When your home feels safe, the holidays feel even sweeter.
Valerie M. Blake is a licensed Associate Broker in D.C., Maryland, and Virginia with RLAH @properties. Call or text her at 202-246-8602, email her at [email protected] or follow her on Facebook at TheRealst8ofAffairs.
Real Estate
In real estate, trust the process
With rates coming down, we could see spring surge in buyers
The average 30-year mortgage rate is falling, little by slowly. With predictions that the rate will continue to adjust downward in the next year or two, there may be a busier spring market than we have seen in the last few year, especially for the DMV market, which has been reeling from thousands of layoffs this past year. The frenzied activity resulting from interest rates close to 3% for some borrowers will probably not occur; however, this spring could add up to be a few notches busier than the last.
What does this mean for buyers and sellers? Lender Tina Del Casale with Waterstone Mortgage says she has seen “low to mid 6’s as the average for conventional loans.” If rates continue downward into the 5% range, there may be more activity than we saw in the last year or two. This could release a little bit of pent up demand.
Many buyers will have found that for whatever reason, their current home is not meeting their needs. Sellers may want to finally take the plunge and put a for sale sign in the yard and online, now that they might find a more reasonable rate on their next home. This winter can be an opportunity to assess financial situations, home conditions, and optimize one’s chances to have a sale with more agreeable terms, or put one’s best foot forward in an offer. In addition to checking with a lender or favorite handy person, let’s review what sellers and buyers typically spend their energy negotiating while enjoying the lovely process called “going under contract”:
- Timelines – Sellers might want to have their house solidly under contract (papers signed, thumbs up from the lenders, all inspection items decided upon and settled) so that they can put an offer down on a new home, and then negotiate that timeline with the other sellers. Remember, making a move is not only about the buyer taking possession of a new home, but also about the sellers figuring out their situation as well.
- Sale Price – unfortunately for buyers, in the eyes of most sellers, “money talks.” So, in a non-competitive situation, a seller might be happy to just get one offer at a price that was within the desired range. As soon as another interested buyer enters the equation, it can become a little bit like RuPaul’s Drag Race, and one will have to lip sync for one’s life, honey! And only one buyer will get to hear the words, “condragulations!”
- Tone/Vibes/Energy in the Room – Remember: Human beings are emotional creatures. All of us have feelings. And all of us want to put energy into situations where we feel appreciated, where a level of self-awareness exists, and a sense that each side is trying one’s hardest to act in good faith. The best transactions I saw were where a little grace was the “grease on the wheels” of the transaction. Occasionally, a buyer had cold feet and wanted to see the unit a few more times before the settlement date, or a seller forgot to scrub the bathroom with a little extra elbow grease before the settlement date. Life happens; misunderstandings can occur. A wise therapist once said: “You don’t have to like it, but can you allow it?” The tone of one or both parties in the transaction can be what seals the deal, or results in one party exiting the contract. (In the case of the dirty bathroom, the seller left a check with the title company for the buyer to pay a housekeeper to come clean what they couldn’t.)
Joseph Hudson is a referral agent with Metro Referrals. He can be reached at 703-587-0597 or [email protected].
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