On February 25, 2014, the United States Department of Labor issued a Final Rule revising the definition of “spouse” under the FMLA to conform to the United States Supreme Court’s decision in United States v. Windsor, which as previously discussed here, held that Section 3 of DOMA, which excludes state-sanctioned, same-sex marriages from the federal definition of marriage, is unconstitutional. Under the current regulatory definition of spouse, eligible employees in a legal same-sex marriage can only take FMLA leave if the state in which they live recognizes same-sex marriage. Under the revised rule, which goes into effect on March 27, 2015, the DOL moves away from a “state of residence” rule to a rule based on the law of the state where the marriage was entered into. Under the new “place of celebration” rule, eligible employees in a legal marriage—either same-sex, opposite-sex, or common law—will now have consistent FMLA leave rights regardless of where they live.