WASHINGTON — The Labor Department intends to issue regulations this week
ordering businesses to give gay employees equal treatment under a law
permitting workers unpaid time off to care for newborns or loved ones.

Labor Secretary Hilda Solis planned to announce Wednesday that the
government would require employers to extend the option that has been
available to heterosexual workers for almost two decades, two officials
briefed on the plan said Monday. Neither was authorized to speak
publicly ahead of the announcement.

The move, coming less than five months before November’s congressional
elections, seemed likely to incite conservatives and Republicans who
stood in lockstep against the Obama administration’s earlier efforts to
repeal a ban on gays and lesbians serving openly in the military. It
also appeared likely to be popular with loyal Democrats and organized labor.

The Family and Medical Leave Act allows workers to take up to 12 weeks
of unpaid leave each year to take care of loved ones or themselves. The
1993 law, which also allows employees to take time off for adoptions,
has previously only been applied to heterosexual couples.

The Labor Department planned to extend those rights based on a new
interpretation of the law, the officials said. There was no plan to ask
Congress to change the law, which means future presidents could reverse
the decision.