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Does FMLA apply to same-sex spouses who don’t live in states that recognize same-sex marriage?

06/18/2015

Q. We have operations in South Dakota, and one of our employees there has requested FMLA leave to care for his same-sex spouse for an FMLA-qualified reason. The couple was married in Minnesota, but South Dakota does not recognize same-sex marriage. Should we grant the FMLA leave request?

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