; and (B) a schedule in which the break in the employee's work shift is requested by the employee shall not be treated as a split shift. (24) Spouse (A) In general The term spouse means a person with whom an individual entered into— (i) a marriage as defined or recognized under State law in the State in which the marriage was entered into; or (ii) in the case of a marriage entered into outside of any State, a marriage that is recognized in the place where entered into and could have been entered into in at least 1 State. (B) Same-sex or common law marriage Such term includes an individual in a same-sex or common law marriage that meets the requirements of subparagraph (A). (25) State The term State has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). (26) Work schedule The term work schedule means those days and times within a work period when an employee is required by an employer to perform the duties of the employee's employment for which the employee will receive compensation. (27) Work schedule change The term work schedule change means any modification to an employee’s work schedule, such as an addition or reduction of hours, cancellation of a shift, or a change in the date or time of a work shift, by an employer. (28) Work Shift The term work shift means the specific hours of the workday during which an employee works. 3. Right to request and receive a flexible, predictable or stable work schedule (a) Right To request An employee may apply to the employee's employer to request a change in the terms and conditions of employment as they relate to— (1) the number of hours the employee is required to work or be on call for work; (2) the times when the employee is required to work or be on call for work; (3) the location where the employee is required to work; (4) the amount of notification the employee receives of work schedule assignments