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FMLA spouse definition

tcrowdentcrowden 1 Post
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
I have an employee who --less than 2 years ago divorced her husband. They have been living together for about 1 years --- does she qualify for FMLA on him? She qualifies every other way.
Would he be considered a spouse??!!

Thanks for your help!
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  • 1 Comment sorted by Votes Date Added
  • cnghrcnghr 719 Posts
    edited August 2015 PMVote Up0Vote Down
    The FMLA definition of "spouse" is as follows: Spouse: Spouse means a husband or wife as defined or recognized under state law for purposes of marriage in the state where the employee resides, including "common law" marriage and same-sex marriage. (U.S. Dept. of Labor, Fact Sheet #28F)

    If your state is one of the 9 remaining states that recognize common law marriage, then you would have to find out how your state defines it, and then determine whether or not the relationship qualified under your state's definition of common law marriage.

    If your state does not recognize common law marriage, then the answer is no, he is not a spouse in any sense of the word under the definition used by the FMLA.
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