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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What is vesting?

The term vesting means that a secured right is in place and cannot be taken away. Vesting commonly refers to whether or not the money that has been set aside for you in a retirement plan is yours to keep if your employment is terminated.

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Are pension benefits taxable?

Whether your pension benefits are taxable depends on several factors. Your pension benefits can be fully or partially taxable depending on how and when you contributed to the fund. It is also important to note that employer-funded pensions are treated somewhat differently than IRA and 401(k) accounts.

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Are employers required to reimburse for travel expenses? (2025 Answers)

No, unfortunately, employers are not required to reimburse employees for expenses incurred in connection with their work, including travel expenses, unless it is required under an employment contract, or the employer promised to reimburse the expneses, or the employer reimburses some but not all employees, a possible employment discrimination claim.

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Accommodations for Employees with Disabilities

The point at which an employer must begin working out a plan to accommodate a disabled employee depends on the employee’s job and the employer’s ability to accommodate. When determining a time frame and the accommodations made, the key phrase is’reasonable.’ All rules and guidelines for disabled employee accommodations can be found in the Americans with Disabilities Act (ADA) and its subsequent provisions.

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