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DOL Modifies FMLA Definition of “Spouse” to Include Same-Sex Marriages
Today, SHRM was advised by the U.S. Department of Labor (DOL) that the agency would be issuing a final rule in tomorrow's Federal Register updating the definition of “spouse” under the Family and Medical Leave Act to include same-sex marriages. SHRM supported updating the definition of spouse in light of the U.S. Supreme Court decision striking down sections of the Defense of Marriage Act but suggested several clarifications to the rule to ensure successful and uniform interpretation.
The final rule highlights SHRM’s request for greater clarity in several places and provides additional guidance for HR professionals on how to apply the rule. Key provisions include:
The updated definition and rule revisions go into effect March 27, 2015.
SHRM’s comments to the proposed rule can be read at http://bit.ly/1LC5F65
DOL posted information, including a Q&A on the final rule, is available at http://www.dol.gov/whd/fmla/spouse/
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