The DOL amended the regulatory definition of “spouse” under the Family and Medical Leave Act (“FMLA”) so that “spouse” for purposes of FMLA rights includes a same-sex spouse, regardless of where the employee and spouse live. This means the “place of celebration” will determine whether an individual is a “spouse” under FMLA. This change is effective March 27, 2015. Current FMLA regulations use a “state of residence rule,” recognizing a spouse under the law of the state in which the couple resides.

Click here to download the bulletin: Final FMLA Rules Regarding Same-Sex Spouses