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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 under state law for the purposes of marriage in the state where the employee resides, including common law marriage and same-sex marriage.

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