New Regulation Extends FMLA "Spouse" Definition

Ever since the beginning of the Family and Medical Leave Act (FMLA), regulations have defined "spouse" based on the state law of whatever state an employee resides in. All of that is changing, and the Department of Labor (DOL) announced that FMLA regulations now define "spouse" based on the state laws in whatever state the employee was married in. As of March 26, 2015, however, there are four states (Texas, Louisiana, Arkansas, and Nebraska) that are not required to enforce this regulation.

"The Department of Labor has issued a final rule that will allow an employee to take FMLA leave to care for a same-sex spouse, regardless of whether the employee lives in a state that recognizes their marital status.  This rule change will impact the manner in which employers administer FMLA leave…" Continue reading this article by Jeff Nowak, co-chair of the labor and employment practice at Franczek Radelet, where he represents employers in all aspects of employment law.

Please consult us if you have any questions about these new regulations, and remember to train your supervisors and managers to contact us if they get any questions from employees. Still not sure what this change means for your company? Feel free to contact us to learn specifics about how this could impact your business.

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