News & Views

Breaking Benefits News

U.S. Labor Department (“DOL”) Updates Family and Medical Leave Act’s Definition of Spouse.

On February 23, 2015, the DOL announced a rule change to the Family and Medical Leave Act (“FMLA”) in keeping with the Internal Revenue Service’s treatment of same-sex marriage. Under this new FMLA rule, an employer must recognize an employee’s same-sex spouse as his or her legal spouse for FMLA purposes if the marriage was legal in the state where it was performed (the “place of celebration” rule), regardless of whether it is legal in the state where the employee resides. The DOL has issued a helpful Q&A on their website here:http://www.dol.gov/whd/fmla/nprm-spouse/faq.htm.

Printable PDF