The Department of Labor (DOL) amended the regulatory definition of “spouse” under the Family and Medical Leave Act (“FMLA”) so that “spouse” for purposes of FMLA rights includes a same-sex spouse, regardless of where the employee and spouse live.
This means the “place of celebration” will determine whether an individual is a “spouse” under FMLA.
This change is effective March 27, 2015. Current FMLA regulations use a “state of residence rule,” recognizing a spouse under the law of the state in which the couple resides.
For the rule, visit: http://www.gpo.gov/fdsys/pkg/FR-2015-02-25/pdf/2015-03569.pdf
For a fact sheet, FAQs, and more, visit: http://www.dol.gov/whd/fmla/spouse/index.htm