New FMLA Definition of “Spouse” On Hold
On Friday, we told you about the final rule that was SUPPOSED to go into effect, updating the FMLA regulatory definition of “spouse” to those who are legally married based on the laws of the “place of celebration,” not the laws of the state of residence.
However, a Texas federal judge granted an injunction that temporarily blocks application of the rule. This ruling comes after the Attorneys General of Texas, Louisiana, Arkansas, and Nebraska filed an action, claiming that the law violates Section 2 of the Defense of Marriage Act (which was NOT held unconstitutional, as Section 3 was). Section 2 says that no State, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record or judicial proceeding of any other State, possession, or tribe, respecting a relationship between persons of the same sex that is treated as a marriage under the laws of the other State, possession or tribe.
It’s important to note that this is a temporary hold on the Department of Labor’s rule going into effect. It could be a long legal battle before we see a final decision on whether this rule will stand.
