Whether and how to provide employee benefits to same-sex spouses is a question that is increasingly vexing to employers. Many employee benefits often extend to employees’ spouses while federal, state and local laws mandate certain employee benefits for which spouses are eligible, or that are triggered by a spouse’s illness or other condition. The patchwork of same-sex marriage laws and the mobility of a modern workforce complicate the matter.
Because it is always legal to provide more benefits than the law requires, many employers simply recognize such marriages and provide benefits identical to those offered to opposite-sex spouses. Doing so, however, may result in some administrative and financial burdens. Yet failure to provide benefits that are legally required can result in liability and adverse publicity to an employer. In all cases, employers should consult legal counsel familiar with the state and local treatment of benefits. However, there are some basic tenets that may guide employers as they review their benefit policies.
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