FMLA Amended Definition of Spouse to Include Same Sex Spouses

On February 25, 2015 the DOL issued a final rule amending the definition of spouse under the rules implementing FMLA to be consistent with the US Supreme Court’s decision in United States v. Windsor which struck down section 3 of the Defense of Marriage Act (DOMA)as unconstitutional. The amended regulatory definition for spouse was in order “that eligible employees in legal same-sex marriages will be able to care for their spouse or family member, regardless of where they live.” The Final Rule is effective on March 27, 2015.

The Wage and Hour Fact Sheet can be found at FMLA

If you have questions regarding FMLA, please contact Dina Atwood .