On February 25, 2015, the Department of Labor (DOL) published a
Final Rule revising the definition of "spouse" under the
Family and Medical Leave Act (FMLA) and expanding it to include all
legally-married individuals, including those in common law and
same-sex marriages, regardless of whether their state of residence
recognizes such unions. The Final Rule becomes effective on March
27, 2015.
The FMLA and the Current Definition of "Spouse"
The FMLA provides eligible employees with up to 12 weeks of
job-protected, unpaid leave in a 12-month period. Employees are
eligible if they have worked for at least 12 months and performed
at least 1,250 service hours during the 12 months immediately
preceding the leave, and work at a facility within 75 miles of 50
or more employees. FMLA leave is available for the following
events:
