The Department of Labor has issued new FMLA Regulations on the definition of ‘Spouse’ - same-sex couples whose marriages are recognized in the "place of celebration" (i.e., the state or country in which they were married) are now afforded the same family leave protections as other couples under the Act:
http://www.shrm.org/…/fed…/pages/fmla-spouse-final-rule.aspx