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Family and Medical Leave Act Advisor

Reasons for Leave - Definition of a Qualifying Family Member

Spouse means a husband or wife as defined or recognized in the State where the individual was married and includes individuals in a same-sex marriage or common law marriage. Spouse also includes a husband or wife in a marriage that was validly entered into outside of the United States if the marriage could have been entered into in at least one State.

Does the spouse in question meet this definition?

Return to Reasons for Leave.

For more information on this aspect of the FMLA, see the FMLA regulations: ยง 825.122

UNITED STATES
DEPARTMENT OF LABOR