Domestic partnerships are unmarried couples who live together and seek economic and noneconomic benefits similar to those granted to married couples. Domestic partnerships first came into play in the 1980s, when alternative families sought recognition for their own partnerships and families. Advocates pointed out that approximately 10 percent of American families consisted of a working husband, stay-at-home wife, and children, yet our legal and social systems still awarded benefits based on that model of the American family. After that, local governments began creating domestic partnership laws to provide benefits for modern families.
Currently, California, D.C., Nevada, Oregon, and Washington state offer domestic partnership status that is regulated by the state, and which provides some or all of the benefits and responsibilities of marriage. Laws regarding domestic partnership vary greatly state to state. Colorado, Hawaii, Illinois, and New Jersey offer the same rights, but refer to it as a civil union. Some states only grant domestic partnership to same-sex couples, and in other places domestic partnership benefits are offered by smaller governmental entities which provide limited benefits. In any case, benefits typically include:
- health, dental, and vision insurance
- sick and bereavement leave
- accident and life insurance
- death benefits
- parental leave
- housing rights and tuition reduction at universities
- use of recreational facilities
No matter who is providing domestic partnership benefits-whether is is a statem municipality, county, organization, university, or private company- a few issues must be addressed:
- Who qualifies as a domestic partner?
- How would an employer identify the employee’s domestic partner?
- Does the couple have to be together for a minimum number for years to qualify for benefits?
- Does the couple have to live together?
- Does the couple need to be financially responsible for each other?
- How does a couple end a domestic partnership?
California Family Code section 297 outline specific criteria a couple must meet to qualify as domestic partners. Partners must be unmarried and living together in the same residence. They cannot be blood related in any way that would prevent a legal marriage in California. Each party must be capable of consenting, and they must be a same-sex couple. If a couple meets these criteria, they must either file a Declaration of Domestic Partnership or a Confidential Declaration of Domestic Partnership. Then, partners can qualify for a variety of benefits including:
- Up to 12 weeks of leave under the California Family Rights Act (CFRA) to care for the registered domestic partner
- Use of paid leave, sick time, and kin-care time to take care of a domestic partner or children
- Coverage under an organization’s health insurance
- Availability of unemployment insurance if an employee quits to move with the domestic partner due to employment
- Access to continued state health insurance coverage if an employee of the state retires or dies
- Disability insurance coverage
To receive these benefits, California HR professionals must be aware of the employee’s registered domestic partnership. For more detailed information on the process of becoming domestic partners, and for questions about specific benefits, rights, and responsibilities of domestic partners, consult with an experienced family law attorney.
