Same-Sex Relationships and Employee Benefits

The federal Defense of Marriage Act (DOMA) defines ‘marriage’ as between one man and one woman, thereby restricting the definition of ‘spouse’ to an opposite sex partner for purposes of federal law and benefits. This article explains what rights may be available to same-sex partners as the laws in certain states change to allow same-sex marriage or to recognize civil unions among same-sex partners.

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Paternity Leave

Paternity leave may be possible under the Family and Medical Leave Act (FMLA), which provides that employees may receive up to twelve weeks of unpaid leave from work in order to care for an immediate family member, which can include paternity leave for a newborn baby.

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