Family & Medical Leave Act question

[tstatguy]

Does NY recognize a common law situation as a spouse for the purpose of FMLA? What is the required length of cohabitation & how would I document the common law claim? Thank You.

 

[cbg]

NY does not recognize common law marriage at all. In any case, FMLA is a Federal law and eligibility is set by Federal regulation. No state has the authority to change the eligibility requirements of a Federal law.

A state could choose to put in a state version of FMLA with different eligibility requirements. NY has not done so.