The U.S. Department of Labor (the ?ãDOL?ÃÂ¥) has issued a notice of proposed rulemaking regarding a revision to the definition of ?ãspouse?ÃÂ¥ under the Family and Medical Leave Act of 1993 (?ãFMLA?ÃÂ¥).?á The revision is being proposed in light of the U.S. Supreme Court?ÃÃs decision in United States v. Windsor, which held Section 3 of the federal Defense of Marriage Act, restricting the definition of ?ãmarriage?ÃÂ¥ 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 ?ãspouse?ÃÂ¥ 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 ?ãspouse?ÃÂ¥ 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.
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DOL Proposes to Revise ?ãSpouse?ÃÂ¥ Definition for FMLA Purposes
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