Definition of marriage changes under FMLA

On Friday, March 27, 2015, the U.S. Department of Labor announced an important change in the definition of marriage under the Family Medical Leave Act (FMLA). For purposes of the FMLA, “spouse” now means where the employee entered into marriage, rather than the state in which employee and employer are located. Consequently, employers within the State of Alabama will need to treat FMLA leave applications by same-sex couples according to where the couples claim to have married. If the employee claims to have married in a state in which same-sex marriage is recognized, FMLA leave will be warranted in circumstances calling for such leave even though the spouses are of the same sex and their marriage is not valid in Alabama. More details from the U.S. Department of Labor.