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The U.S. Department of Labor (DOL) has issued a revised fact sheet providing guidance to employers on the Family Medical Leave Act (FMLA). The updated fact sheet modifies the definition of “spouse” in light of the U.S. Supreme Court’s same-sex marriage decision, United States v. Windsor. In Windsor, the U.S. Supreme Court struck down a key provision of the Defense of Marriage Act (DOMA) that defined marriage as only between a man and a woman. The court found that defining marriage to exclude same-sex unions is unconstitutional and violated the equal protections afforded by the Fifth Amendment of the Constitution.
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