The New York State Legislature has amended the Civil Rights Law, effective October 29, 2010, to require that employers which provide funeral and/or bereavement leave for the death of an employee’s spouse or the child, parent or other relative of that spouse extend that same benefit to an employee in a same-sex committed partnership. The law defines “same-sex committed partners” as “those who are financially and emotionally interdependent in a manner commonly presumed of a spouse.”

This law does not affect the rights of same-sex couples who marry outside of New York because New York law currently recognizes those marriages. It also does not affect employers which do not provide employees with funeral and/or bereavement leave for the death of their spouse or child, parent or other relative of that spouse.

Collective bargaining agreements or policies which provide for funeral and/or bereavement leave upon the death of an employee’s spouse or the child, parent or relative of that spouse may need to be amended to provide that same benefit to an employee in a same-sex committed partnership. Employers should, therefore, review their collective bargaining agreements and policies to ensure compliance with the law.

If you have any questions regarding this new law, please do not hesitate to contact us.

THIS MEMORANDUM IS MEANT TO ASSIST IN GENERAL UNDERSTANDING OF CURRENT LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. THOSE V/ITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.

© Lamb & Barnosky, LLP, 2010