New York employers who provide funeral or bereavement leave for the death of an employee's spouse, or the child, parent or other relative of a spouse, must now provide the same leave with respect to the death of an employee's same-sex committed partner, or the death of a same-sex partner's child, parent or other relative.
The statute specifically defines "same-sex committed partners" as "those who are financially and emotionally interdependent in a manner commonly presumed of spouses." This new requirement, which went into effect in fall 2010, is the result of a new statute that amended the New York Civil Rights Law. It is unknown at this time whether new regulations will be developed to further clarify this definition.
Importantly, the new law, and New York law generally, does not require employers to provide any kind of funeral or bereavement leave, whether paid or unpaid. Employers who do not offer bereavement or funeral leave, and those who already deem same-sex partners to have the same status as spouses for leave purposes, will not need to take any action in response to this new law.
The Bottom Line
Employers who provide funeral or bereavement leave for the death of any employee's spouse or the spouse's relatives should update their policies and employee handbooks to provide the same leave for same-sex partners, under New York law.
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