We reported in February on a Department of Labor (DOL) rule permitting same sex partners who are legally married to take FMLA leave to care for their spouse, regardless of whether they live in a state that recognizes same sex marriage (so long as they were legally married in a state that recognizes same sex marriage). The law was set to go into effect today. Yesterday, however, a group of Attorney Generals from Texas, Nebraska, Arkansas, and Louisiana obtained a preliminary injunction that will delay the rule’s implementation until the court considers the full merits of this case. , while ordered by a Texas federal court, broadly directs the DOL to stay application of the rule and, therefore, appears to impact all states where same sex marriage is prohibited, including Ohio, even though Ohio has not joined in the suit. The future of the DOL’s rule also hinges on the Supreme Court’s decision in Obergefell v. Hodges in which the Court is expected to address the constitutionality of same sex marriage bans. Oral argument in that case is set for April 28, 2015.