• New Rule Amending FMLA Definition of "Spouse"
  • April 20, 2015
  • Law Firm: Lamb Barnosky LLP - Melville Office
  • Sometimes an issue arises about who is a "spouse" for purposes of entitlement to leave pursuant to the Family Medical Leave Act of 1993 (FMLA). Moving from a "State of residence" rule to a"place of celebration" rule, the U.S. Department of Labor recently adopted a rule amending the regulatory definition of "spouse" that looks to the law of the place into which the marriage was entered, as opposed to the law of the State in which the employee resides. The definition now specifically includes individuals who, regardless of their residence, are in samesex or common law marriages that were entered into in a State that legally recognizes them.1