The DOL's Marriage Proposal: Notice of Proposed Rulemaking to Redefine Spouse under the FMLA | Practical Law
A discussion of the US Department of Labor's (DOL) recent Notice of Proposed Rulemaking to revise the definition of spouse under the Family and Medical Leave Act (FMLA) so that eligible employees in legal same-sex and common law marriages can take FMLA leave to care for their spouse or family member regardless of where they live. The DOL proposed the rule change in light of the US Supreme Court's June 2013 decision in United States v. Windsor, which found that Section 3 of the Defense of Marriage Act (DOMA), limiting the definitions of "marriage" and "spouse" to opposite-sex marriages and spouses, was unconstitutional.