Polsinelli at Work |  Labor & Employment Blog

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Alert: FMLA Rights Extend to Same Sex Spouses

By: Erin Schilling and Katharine Sangha

The Department of Labor recently published its final rule amending the definition of “spouse” in the Family Medical Leave Act ("FMLA") regulations to include eligible employees in legal same-sex marriages. Beginning on March 27, 2015, same-sex spouses will be covered under the FMLA if the employee was legally married under the law of any state, regardless of the employee’s state of residency.

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