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Final Rule: Family and Medical Leave Act; Definition of Spouse
Family and Medical Leave Act; Definition of Spouse
Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules
and Regulations
{{Page 20523}}
....
Background
Two Federal agencies administer regulations governing FMLA. The Department of Labor (DOL) issues regulations for title I of FMLA, which covers non-Federal employees and certain Federal employees not covered under title II. OPM issues regulations for title II of FMLA, which covers most Federal employees. Title II of FMLA directs OPM to prescribe regulations that are consistent, to the extent appropriate, with regulations prescribed by the Secretary of Labor to carry out title I of FMLA. (See 5 U.S.C. 6387.) DOL published its final regulations on the definition of spouse under title I of FMLA on February 25, 2015, at 80 FR 9989.
On June 26, 2013, the U.S. Supreme Court ruled in Windsor that Section 3 of DOMA is unconstitutional. Section 3 states in part: "In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word `marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife.'' OPM's definition of spouse in the FMLA regulations had its basis in the Section 3 language. In response to this ruling, OPM issued a memorandum on October 21, 2013, informing Federal agencies that the definition of spouse used in OPM's FMLA regulations was no longer valid. (See CPM 2013-14, Family and Medical Leave Act (FMLA) Coverage of Same-Sex Spouses, at https://www.chcoc.gov/content/family-and-medical-leave-act-fmla-coverage-same-sex-spouses.) The memorandum made clear that, effective June 26, 2013, an employee in a legally recognized same-sex marriage, regardless of state of residency, could use his or her FMLA leave entitlement in the same manner as an employee with an opposite-sex spouse.
Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules
and Regulations
{{Page 20523}}
....
Background
Two Federal agencies administer regulations governing FMLA. The Department of Labor (DOL) issues regulations for title I of FMLA, which covers non-Federal employees and certain Federal employees not covered under title II. OPM issues regulations for title II of FMLA, which covers most Federal employees. Title II of FMLA directs OPM to prescribe regulations that are consistent, to the extent appropriate, with regulations prescribed by the Secretary of Labor to carry out title I of FMLA. (See 5 U.S.C. 6387.) DOL published its final regulations on the definition of spouse under title I of FMLA on February 25, 2015, at 80 FR 9989.
On June 26, 2013, the U.S. Supreme Court ruled in Windsor that Section 3 of DOMA is unconstitutional. Section 3 states in part: "In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word `marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife.'' OPM's definition of spouse in the FMLA regulations had its basis in the Section 3 language. In response to this ruling, OPM issued a memorandum on October 21, 2013, informing Federal agencies that the definition of spouse used in OPM's FMLA regulations was no longer valid. (See CPM 2013-14, Family and Medical Leave Act (FMLA) Coverage of Same-Sex Spouses, at https://www.chcoc.gov/content/family-and-medical-leave-act-fmla-coverage-same-sex-spouses.) The memorandum made clear that, effective June 26, 2013, an employee in a legally recognized same-sex marriage, regardless of state of residency, could use his or her FMLA leave entitlement in the same manner as an employee with an opposite-sex spouse.