On March 25, the Definition of "Spouse" Changes
The Department of Labor (DOL) announces that same-sex spouses will be covered under the Family Medical Leave Act (FMLA) regardless of where they reside.
In response to a 2013 Supreme Court decision which struck down the Defense of Marriage Act as unconstitutional, the DOL has issued its final rule revising the definition of spouse under the FMLA. The Department proposed to change the definition of spouse to ensure that all legally married couples, including same sex couples, will have consistent federal family leave rights regardless of where they live.
Effective March 27, 2015, a spouse, for the purposes of the FMLA, means “the other person with whom an individual entered into marriage as defined or recognized under state law for purposes of marriage in the State in which the marriage was entered into or, in the case of a marriage entered into outside of any State, if the marriage is valid in the place where entered into and could have been entered into in at least one State.
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