The U.S. Department of Labor’s Wage and Hour Division recently announced a change to regulations under the Family and Medical Leave Act (FMLA) that expands the definition of spouse. The change comes in response to the U.S. Supreme Court’s ruling in United States v. Windsor. That ruling struck down the federal Defense of Marriage Act provision that interpreted “marriage” and “spouse” to be limited to opposite-sex marriage for the purposes of federal law. The revised regulations take effect on March 27, 2015.
The regulations update the FMLA’s definition of spouse so that an eligible employee in a legal same-sex marriage will be able to take FMLA leave for his or her spouse regardless of the state in which the employee resides. Previously, the regulatory definition of spouse did not include same-sex spouses if an employee resided in a state that did not recognize the employee’s same-sex marriage. Under the new rule, eligibility for federal FMLA protections is based on the law of the place where the marriage commenced. This “place of celebration” provision allows all legally married couples, whether opposite-sex or same-sex, to have consistent federal family leave rights regardless of whether the state in which they currently reside recognizes such marriages.
For additional information on the revisions, including a fact sheet and frequently asked questions, click here.