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Frequently Asked Questions Benefits for LGBT Federal Employees and Annuitants

The previous definition of "spouse" in the OPM FMLA regulations was based on the Defense of Marriage Act. Has OPM changed its FMLA regulations so that the definition of "spouse" allows eligible employees in a legal same-sex marriage to take FMLA leave to care for their spouse?

Yes, OPM published its final rule revising the definition of "spouse" under FMLA on April 8, 2016. See 81 FR 20523. This change ensures that OPM'S FMLA regulations provide spouses in same-sex marriages the same ability to use FMLA as spouses in opposite-sex marriages.

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