Working World

How do domestic partnership laws affect me as an employer? What proof do I need to get before providing required benefits?

Registered domestic partners may be gay or lesbian couples in a committed relationship, as well as opposite sex couples where one or both individuals are 62 years or older. The Secretary of State of California is responsible for maintaining the registry of domestic partners and provides forms for registering and terminating the domestic partner relationship.

Since January 1, 2005, registered domestic partners in California have been entitled to the same rights, protections and benefits as spouses. This means that domestic partners are treated the same as spouses for purposes of leaves of absence, such as California Family Rights Act leave, bereavement leave and "kin care" leave. (California Labor Code Section 233 provides that half of an employee’s sick leave may be used to care for sick family members — kin care.) Leave must be provided for an employee to care for the sick child of his or her domestic partner to the same extent as a parent would be entitled to time off to care for his or her own child or step-child. To date, registered domestic partners are not entitled to benefits provided by federal law, however.

Also, as of January 1, 2005, California health insurers and HMOs must provide coverage to the registered domestic partner of an employee, subscriber, insured or policyholder that is equal to the coverage it provides to the spouses of these persons.

An insurer and an employer may require proof of registration of domestic partnership only if proof of marriage is also required.

Amy Semmel is an attorney with the firm of Donfeld, Kelley & Rollman. Her practice emphasizes employment, trade secret and business tort law. The information discussed here is a general explanation of the law, and is not intended to serve as legal advice. Readers requiring legal advice regarding a specific situation should consult an employment attorney.