DOL Issues Final Rule Extending FMLA Protections to Same-Sex Spouses Regardless of State of Residence

Under the Family and Medical Leave Act of 1993 ("FMLA"), eligible employees are entitled to take a leave of absence to care for a spouse in certain circumstances. Originally, FMLA's spousal provisions only applied to opposite-sex spouses. After the U.S. Supreme Court invalidated Section 3 of the federal Defense of Marriage Act in United States v. Windsor, the DOL revised its FMLA guidance to extend spousal protections to lawfully married same-sex spouses if they resided in a state that recognized their marriage. The DOL has now issued a final rule that extends FMLA spousal protections to all lawfully married same-sex spouses, regardless of their state of residence, so long as the marriage was validly entered into in a jurisdiction that recognizes same-sex marriage. The final rule is effective March 27, 2015. The final rule can be found here.?á A fact sheet on the final rule can be found here. Frequently asked questions on the final rule can be found here.