DOL Proposes to Revise ?Ç£Spouse?Ç¥ Definition for FMLA Purposes

The U.S. Department of Labor (the ?Ç£DOL?Ç¥) has issued a notice of proposed rulemaking regarding a revision to the definition of ?Ç£spouse?Ç¥ under the Family and Medical Leave Act of 1993 (?Ç£FMLA?Ç¥).?á The revision is being proposed in light of the U.S. Supreme Court?ÇÖs decision in United States v. Windsor, which held Section 3 of the federal Defense of Marriage Act, restricting the definition of ?Ç£marriage?Ç¥ for federal law purposes to opposite-sex spouses, to be unconstitutional.?á Under the FMLA, eligible employees are permitted to take a leave of absence to care for a spouse in certain situations.?á Current regulations under the FMLA define ?Ç£spouse?Ç¥ based on the law of the state?áin which the employee resides; consequently, a same-sex couple who is married in a state or foreign jurisdiction that allows same-sex marriage is not treated as married under the FMLA if they reside in a state that does not recognize same-sex marriage.?á The DOL proposes to change the definition of ?Ç£spouse?Ç¥ to be based on marriage as defined or recognized under the law of the state in which the marriage took place.?á If the marriage was entered into in a foreign jurisdiction, it would be recognized under the FMLA if it could have been entered into in at least one U.S. state. A copy of the Notice of Proposed Rulemaking is available?áhere.?á A copy of related FAQs issued by the DOL is available?áhere. A copy of a related Fact Sheet issued by the DOL is available here.