A new rule issued by the Department of Labor (DOL) amends the Family Medical Leave Act’s (FMLA) definition of “spouse” to include same-sex couples married in states where same-sex marriage is legally recognized.
Under the new rule, codified at 29 C.F.R. § 825.102 and 825.122(b), two people are married for purposes of the FMLA if the jurisdiction in which they were married recognizes them as legally married. The old rule looked to the place of the couple’s residence, which meant that same-sex couples who resided in Georgia and Tennessee were not currently eligible for FMLA leave, even if they were married in one of the growing number of states that has legalized same-sex marriage.
The new rule also contemplates couples married outside the United States. A same-sex marriage or same-sex, common-law marriage originating in another country will be recognized under the FMLA so long as the couple could have been married or common-law married in at least one U.S. state.