While Minnesota’s new recognition of same-sex marriage has advocates celebrating, the walk down the aisle may have some thorns among the rose petals when we look at equality in company sponsored benefits. Differences between the federal and Minnesota definitions of marriage may confound employers in how they maintain their benefit programs.
One significant concern is the fact that we expect a ruling this summer from the U.S. Supreme Court on the federal Defense of Marriage Act (DOMA) which denies married same-sex couples a range of benefits that are available to heterosexual couples. Until then, here are some guidelines for evaluating this change in Minnesota law.
✓ Consider State and Federal Laws When Determining Benefit Policies
Minnesota employers must always first follow all federal laws that have no state equivalent, such as ERISA (Employment Retirement Income Security Act) and its effect on pension plans. Other examples include social security benefits, spousal immigration rights and income tax benefits accorded to married couples.
Where a law has both a state and federal statute on the same topic, or where only a state law exists, protections will now extend to the same-sex spouse. For instance, employers are required under the Family Medical Leave Act (FMLA) to provide 12 weeks of unpaid leave for, among other things, care of a spouse, parent or child with a serious medical condition. Since Minnesota now recognizes same sex spouses, Minnesota employers would have to permit a leave to care for a same-sex spouse or risk liability for discrimination under the Minnesota’s Human Rights Act (MHRA).
Similarly, effective August 1, Minnesota’s law permitting employees to use sick leave to care for sick children has been extended to spouses, parents, siblings, grandparents and stepparents. Clearly, this now includes same sex spouses.
✓ Review Human Resource Policies
The new law also means that human resources policies and manuals should be reviewed to ensure that anything applicable to spouses is appropriately phrased to include those of the same gender. Emergency contact forms, benefit plan enrollment documents and similar items for new employees are likely to require particular attention. In addition, any policies applicable to “spouses” or “married employees” must be applied. Applying these policies differently to same sex couples would likely be viewed as a violation of the prohibition against sexual orientation discrimination in the MHRA.
✓ Provide Leadership Training
Same sex marriage has been the focus of a great deal of attention and discussion in the last year so it might be a good idea to some provide training for supervisors and managers on how it affects their obligations in the workplace. They should understand the rights of same-sex couples and how benefit plans, leave laws and other particular policies might be applied.
Bottom Line
As we said, the Supreme Court’s decision on the impact of DOMA may cut the honeymoon a bit short on same sex marriage in Minnesota. Still, until that time, there are some helpful, tangible steps that employers can take to stay ahead of the curve. Stay tuned for further developments.