In a recent Final Rule that takes effect on March 27, 2015, the United States Department of Labor (“DOL”) has revised the definition of “spouse” under the Family and Medical Leave Act (“FMLA”). The revised definition includes same-sex spouses for purposes of FMLA leave, regardless of the couple’s state of resident. The Final Rule does not include “domestic partners” in the definition of “spouse” and includes only employees who are legally married.

The DOL’s Final Rule is likely the result of the United States Supreme Court’s decision in United States v. Windsor, which declared the Defense of Marriage Act (“DOMA”) unconstitutional. Following the Court’s decision, President Obama instructed all federal agencies to review and revise relevant federal laws to comply with the decision.

In order to comply with the Final Rule, Employers should revise their FMLA policies to include the revised definition of “spouse” and should notify employees of the change so they are informed of their rights under FMLA.