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Same-Sex Marriage Partners Now Covered by FMLA

March 3 2015

By: Labor and Employment Group

On February 25, 2015, the United States Department of Labor issued new rules designed to revise the regulatory definition of “spouse” under the Family and Medical Leave Act of 1993 (“FMLA”).  The new rules amend the regulatory definition of spouse under the FMLA so that it now specifically includes employees in legal same-sex marriages so that such employees will be permitted to take FMLA leave to care for their spouse or family member, regardless of their state of residence. This change will ensure that the FMLA will provide employees in same-sex marriages the same ability as all other employees to fully exercise their FMLA rights.  The new rule will become effective on March 27, 2015.