Blog Layout
UBA • Mar 31, 2015

Definition of “Spouse” Updated for FMLA | CA Employee Benefits

By Linda Rowings, Chief Compliance Officer at United Benefit Advisors

The Department of Labor has issued an updated definition for “spouse” under the Family and Medical Leave Act (FMLA) to make compliance with FMLA easier for both employers and employees. The new regulations will be effective on March 27, 2015, and will define “spouse” as a husband or wife, which refers to a person “with whom an individual entered into marriage as defined or recognized under state law.” The governing state law is that of the “celebration state” or where the marriage took place. Residency of the employee or the state of the employer will no longer have any bearing on the definition of “spouse” for purposes of FMLA. This change means that the same criteria for determining whether an employee is legally married will apply to both benefits and FMLA eligibility determinations.

The updated regulations will allow an employee in a same-sex or common-law marriage to take FMLA leave to care for a child of his or her spouse, or take care of a parent’s same-sex or common-law spouse. For individuals married outside of the United States, the regulations will also apply to any marriages that were legal in the country in which they were performed, as long as the marriage could be legally entered into in at least one state.

Employers may request “reasonable” documentation of a family relationship, but the request cannot interfere with an employee’s rights, and the employer cannot dictate what documentation must be presented. A simple statement by the employee may be sufficient, although the employer may request that a statement be put in writing.

A group of people are looking at a computer screen in an office.

What's Included within an Employee Benefits Package

17 Apr, 2024
Unlocking Employee Benefits: Understanding What's Included in a Comprehensive Benefits Package for Today's Workforce.
a man is raising his hand to ask a question,

What is the Purpose of Key Person Life Insurance

20 Mar, 2024
Protect your business's vital assets with key person insurance. Safeguard against the loss of crucial employees. Contact AEIS for assistance.
a woman is smiling and holding a tablet, she has worked with an employee benefits broker

Employee Benefit Trends to Watch in 2024

04 Mar, 2024
Stay ahead in employee benefits: Understand evolving workforce needs, trends for 2024, and how AEIS can support your organization's goals.
Show More
Share by: