Compliance Alert: Final Rules Include Same-Sex Spouses for FMLA Purposes

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

 

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s