Monday, March 2, 2015
U.S. Department of Labor in a State of Celebration: Redefines Spouse for Purposes of the FMLA
The U.S. Department of Labor (“DOL”) issued a final rule revising the definition of “spouse” within the Family and Medical Leave Act (“FMLA”). The new rule redefines spouse as “the other person with whom an individual entered into marriage as defined or recognized under state law for purposes of marriage in the State in which the marriage was entered into…” The new definition also includes marriages that take place in another country as long as (1) the marriage is valid in the place it was entered into, and (2) the marriage would also be valid in at least one U.S. State. This revised definition does not include civil unions and domestic partnerships.
Under the current definition of spouse set to expire, the definition of spouse was determined by looking to the state law where the employee resides. Under the new definition, employers will now look to the “state of celebration” rather than the “state of residence” to determine whether individuals are married for purposes of the FMLA. This new definition will take effect on March 27, 2015.
Employers should review their FMLA policies and procedures to ensure that their current policies and procedures will not conflict with the revised definition. Additionally, any supervisors or managers who are responsible for implementing the FMLA should receive notification and training regarding this new rule.
*Patrick M. Watts is an OSBA Certified Specialist in Labor and Employment Law and practices in all areas of labor and employment law. For more information on the FMLA’s leave requirements or the new FMLA rule revising the definition of spouse, contact Patrick | pmw@zrlaw.com | 216.696.4441