Dive Brief:

• The Department of Labor updated the definition of “spouse” for Family Medical Leave Act (FMLA) purposes to reflect the Supreme Court’s ruling in United States. v. Windsor, also known as the DOMA case. In that case, the high court ruled the U.S. federal interpretation of "marriage" and "spouse" to apply only to heterosexual unions is unconstitutional.

• With its update, the DOL says any eligible employee who’s in a legal same-sex marriage can take federal FMLA leave to care for his or her spouse, regardless of the state in which that employee resides. Well, almost.

• A federal judge in Texas preliminarily enjoined the implementation of the rule after the attorneys general of Texas, Arkansas, Nebraska and Louisiana filed suit, claiming the rule violated states’ rights.

Dive Insight:

The DOL's response, which is to enforce the new rule in every state except those four, could make life difficult for employers with multi-state operations.

Also, the DOL filed a motion asking the U.S. District Court for the Northern District of Texas to reconsider the injunction, but the court denied the DOL’s request so the injunction will stand until the states’ lawsuit is resolved.

Many observers believe the Texas decision could well be moot, since the Supreme Court will hear several same-sex marriage cases this term and likely rule that federal law requires the states to recognize those unions.