NEW YORK BEREAVEMENT LEAVE FOR SAME-SEX PARTNERS

John GarnerDMEC News

Effective October 30, 2010, employers in New York state must provide the same funeral and bereavement leave to employees in same-sex relationships that they provide to married employees.  The new law amends New York’s Civil Rights Law.  The law applies to “same-sex committed partners”, defined as “those who are financially and emotionally interdependent in a manner commonly presumed of spouses.”  The law does not require that employers offer funeral or bereavement leave.  If an employer provides leave for the death of an employee’s spouse or the spouse’s child, parent or other relative, the employer must provide the same leave for the death of an employee’s same-sex committed partner, or the child, parent or other relative of the partner.  Employers in New York should amend their leave policies to comply with this new law.

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