SimplyHR | Employment & Labor Blog 

Last week, the United States Department of Labor (“DOL”) announced a proposed rule that would extend the Family and Medical Leave Act (“FMLA”) to provide spousal leave to employees in same-sex marriages. The proposed rule is currently open for comment and will not become final for some time.

Currently, FMLA allows eligible employees of covered employers to take unpaid leave (or use paid leave concurrently) for up to 12 weeks in a 12 month period to care for the employee’s spouse with a serious health condition. Currently, FMLA defines “spouse” as “a husband or wife as defined or recognized under State law for purposes of marriage in the State where the employee resides, including common law marriage in States where it is recognized.” 29 C.F.R. § 825.122(b).