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 March 27, 2015. On March 26, 2015, however, a group of attorneys general from Texas, Nebraska, Arkansas, and Louisiana obtained a preliminary injunction that delayed the rule’s implementation until the court considers the full merits of this case. While there was initially some ambiguity about the scope of the delay in implementation, the DOL has indicated that it will enforce its new rule in the 46 states where the injunction does not apply, meaning that employers in Ohio are required to adjust their FMLA policies and practices. Only employers in Texas, Nebraska, Arkansas, and Louisiana should continue operating under the prior definition of a “spouse” for FMLA purposes. 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 was held on April 28, 2015.