Litigation

Washington State expands domestic partnership law

By Kathy Feldman

On April 23, 2009, SB 5688, an expanded version of the original State Registered Domestic Partnership (SRDP) Act. was delivered to Governor Christine Gregoire, who is expected to sign it into law.  The new law expands on previous domestic partnership laws providing same-sex domestic partners all the rights and benefits that Washington state offers married couples.  To be registered as partners, couples must share a home, must not be married or in a domestic relationship with someone else, and be at least 18 years of age.  Unmarried hetersexual senior couples also are eligible for domestic partnerships if one partner is at least 62.  Lawmakers stated that provision is necessary to help seniors who are at risk of losing pension rights and social security benefits if they remarry.

Among the rights and benefits provided by the law are:

• the right to use sick leave to care for a domestic partner;
• the right to wages and benefits when a domestic partner is injured, and to claim unpaid wages upon the death of a domestic partner;
• the right to unemployment and disability insurance benefits;
• the right to worker's compensation coverage;
• insurance rights, including rights under group policies, policy rights after the death of a domestic partner, conversion rights, and continuing coverage rights;
• rights related to adoption, child custody, and child support; and
• business succession rights.

Employers need to continue to pay attention to the domestic partnership law so that their policies are implemented in a nondiscriminatory manner.  For example, a domestic partner will now have the right to use sick leave to care for an ill partner.  The law does not, however, supersede federal law, which does not recognize domestic partnerships. 

Full post as published by Northwest Business Litigation Blog on May 02, 2009 (boomark / email).