Bereavement leave

SM

Our company offers bereavement leave for deaths in the immediate family. If we extend the definition of immediate family to include partners and "in-laws" of employees who are not married but in relationships, (either hetero or gay), is there any risk that we could be legally forced to extend our health plan definition of family to encompass employees' unmarried partners?

Scott Ruth

The terms of the health plan should control who is eligible for that plan.
Unless the health plan definition of eligibility somehow cross-references or
shares definitions with the bereavement leave policy, eligibility under your
bereavement leave policy likely will not be relevant to eligibility under the
health plan.

You may also want to check the eligibility provisions of your health plan to
make sure they cannot in and of themselves be construed to include domestic
partners or others (if that is the employer's intent). For example, if the
health plan allows for enrollment of an employee's "dependents," arguably anyone
who qualifies as a dependent for tax purposes (a rather complicated test for
persons other than a spouse or dependent child) should be allowed to enroll.
Most plans, however, are written to cover only an employee's "dependent
children," which will obviously be more restrictive.

Also, be aware that at least one state, Vermont, has enacted a law allowing
unions (not "marriage") between same-sex domestic partners and requiring many
state mandated benefits (such as certain leave laws) to be offered in relation
to these partners. This law is generally not considered to mandate that
benefits offered through an ERISA governed plan (such as a group health plan) be
provided to these persons. However, because the terms of an ERISA plan could be
written to provide elgibility for these persons (with benefits taxable to the
employee), you should again check the definitions for eligibility under your
health plan to be sure they clearly reflect the employers' intent.

Rockie

I would say whatever you did in this area, you would need to be consistent in your definition of immediate family. I would spell it out in any policy that you have and in the employee handbook.

It's also my understanding that not all health plans will allow you to cover "unmarried" partners or non-traditional partners. I know it's very strict in South Carolina.

Margaret Morford

Just a thought...Will you also extend FMLA to these "family members"?