The DOL recently issued a final rule modifying the definition of spouse under the FMLA. The change would recognize a same-sex spouse for purposes of the FMLA based on where the celebration of the marriage occurred as opposed to where the employee lives. Shortly after the issuance of the rule, the states of Texas, Louisiana, Arkansas, and Nebraska filed for and obtained a temporary injunction blocking the rules application in those states. The DOL presently intends to enforce the rule as written in the other 46 states not participating in the filing. Stay tuned for further developments.