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What is considered a "spouse"?

RockieRockie 2,136 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
I am having a lot of FMLA questions coming out of the woodwork lately.

Anyway, the FMLA regulations specifically state care of a "spouse". Does this relate to only legal partners or does it cover "significant others", such as in a living together arrangement?

Life does get complicated.....
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  • 2 Comments sorted by Votes Date Added
  • SystemSystem 5,885 Posts
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    Good timing. Staff attorney Anne Williams has just written a 60-page HR Executive Special Report, "FMLA Leave: A Walk Through the Legal Labyrinth." Here's what it says about spouses:

    "A spouse is either a husband or wife as defined by your state law. It includes common law marriage if your state recognizes it. At this point, it does not include any same-sex marriage or life partner. If your state law recognizes such a marriage, or your state family and medical leave act recognizes leave to care for a same-sex life partner, you may grant leave for that purpose."

    If you're a member of our Law Center in your state, you'll be getting this Special Report in the mail in the next month or so. If not, you can buy it when it comes out:
    [url]http://www.hrhero.com/special.shtml[/url]

    James Sokolowski
    Senior Editor
    M. Lee Smith Publishers
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  • RockieRockie 2,136 Posts
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    Thanks for your help!
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