Same-Sex Marriage Ruling Affects Leave and Other Benefits: Employment Law Manual, Other Documents Updated

Authors: Melissa Burdorf and Tracy Morley, XpertHR Legal Editors

As a result of the US Supreme Court's legalization of same-sex marriage nationwide, all legally married same-sex couples - regardless of where they live or got married - are eligible for spousal leave and other benefits available to heterosexual spouses.

To help employers understand how the Court's ruling affects federal and state leave and benefits laws, the following sections of the Employment Law Manual have been updated:

• FMLA: Federal;
• FMLA: All States;
• Other Leaves: Federal;
• Other Leaves: California, Colorado, District of Columbia, Hawaii, Illinois, Minnesota, New Jersey, New Mexico, Rhode Island, Utah;
• Health Care Benefits: Federal;
• Health Care Continuation (COBRA): Federal;
• Retirement Benefits: Federal;
• Benefit Planning and Design: Federal;
• Compliance, Reporting and Disclosure Requirements: Federal;
• Health Information and Privacy (HIPAA): Federal; and
• Multistate Employer.

In addition, the following policies have been updated:

• Family and Medical Leave (FMLA) Policy;
• Family and Medical Leave Policy for Employers Not Subject to the FMLA;
• Bereavement Leave Policy;
• Leave for Victims of a Crime or Domestic Violence Policy;
• Paid Sick Leave Policy; and
• Sick Leave Policy.

Finally, these other documents have been revised to reflect the Court's decision:

• The Bermuda Triangle Has Expanded: The FMLA's Intersection with the ADA, Workers' Compensation and More;
• How to Handle a Request for FMLA Leave; and
• How to Administer the FMLA to Be Consistent With Other Employer-Provided Leaves.