Employment-DOL Will Revise Definition Of Spouse Under FMLA To Comply With Windsor

An email from the U.S. Department of Labor (the “DOL”) tells me that the DOl’s Wage and Hour Division has announced a Notice of Proposed Rulemaking (an “NPRM”) to revise the definition of spouse under the Family and Medical Leave Act of 1993 (the “FMLA”) in light of the United States Supreme Court’s decision in United States v. Windsor, which found section 3 of the Defense of Marriage Act (“DOMA”) to be unconstitutional.

According to the email, the NPRM proposes to amend the definition of spouse so that eligible employees in legal same-sex marriages will be able to take FMLA leave to care for their spouse or family member, regardless of where they live. More information is available at the Wage and Hour Division’s FMLA NPRM Website.