The primary federal law protecting the right to take family or medical leave without losing your job and health insurance benefits, or suffering retaliation is the Family and Medical Leave Act (FMLA), the definition of "spouse" did not historically include an unmarried partner. However, since the Supreme Court's decision to repeal Section 3 of Defense of Marriage Act (DOMA) and the Supreme Court's decision in Obergefell v. Hodgesand since the Department of Labor issued a regulatory change to the definition of spouse, effective March 27, 2015, eligible employees may use FMLA to take leave to care for a same-sex spouse, or legal common law partner., no matter where they live, even if they reside in a state that does not recognize same-sex marriage so long as the place they entered into the same-sex marriage or common law marriage does. This allows the individual to take unpaid, job-protected, leave to care for their spouse or family member, including step-child or step-parent, even if the employee does not have in loco parentis (day to day responsibilities over the individual or financial support). These changes in DOMA, and in addition to the new same-sex marriage ruling, ensure that the FMLA gives spouses in same sex marriages the same ability as opposite-sex spouses to exercise FMLA rights. However, these changes still do not include Civil Unions or domestic partnerships since civil unions and domestic partnerships are not considered marriages under the FMLA. Under FMLA, if you are also the parent of your partner's child, through adoption or acting in a parental capacity, you may be able to take FMLA leave to care for you and your partner's child. The law in some states may be more protective than federal laws. For example, California law requires that employers offer sick leave to care for domestic partners and/or your partner's children. Your company's leave policy, especially if you have domestic partnership benefits and/or a non-discrimination clause which includes sexual orientation, may provide for leave even though it is not required by law. If you need leave for this reason, consult your company handbook or corporate human resources department to determine whether your employer will allow you to take leave.