On August 9, 2013, Department of Labor Secretary Thomas Perez issued a memorandum to department staff detailing the Department of Labor's strategy for complying with the Supreme Court's decision in United States v. Windsor, which held the federal government could no longer exclude same-sex spouses from receiving those federal benefits available to heterosexual spouses. Secretary Perez said that several guidance documents had already been updated to remove references to the Defense of Marriage Act and to "affirm the availability of spousal leave based on same-sex marriages under the Family and Medical Leave Act (FMLA)." For example, see updated DOL Fact Sheet #28F: Qualifying Reasons for Leave under the Family and Medical Leave Act.

The memorandum also noted the United States Office of Personnel Management announced it will extend benefits to federal employees and annuitants who are in a legally recognized same-sex union.