Maine Domestic Partner Benefits laws & HR compliance analysis

Maine Domestic Partner Benefits: What you need to know

Same-sex marriages in Maine became lawful in 2012 after voters in Maine approved a ballot measure allowing the state to issue marriage licenses to same-sex couples.
The U.S. Supreme Court subsequently issued a decision legalizing same-sex marriage in all states and requiring all states to recognize same-sex marriages legally performed in other jurisdictions (Obergefell v. Hodges, 135 S.Ct. 2584 (2015)).
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
Health insurance. Self-funded health insurance plans governed by the Employee Retirement Income Security Act (ERISA) are subject to the restrictions of federal law. The U.S. Supreme Court struck down as unconstitutional Section 3 of the federal Defense of Marriage Act (DOMA), which defined marriage as only between a man and a woman (United States v. Windsor, 133 S.Ct. 2675 (2013)). The ruling requires equal treatment under federal law of spouses in legally recognized same-sex and opposite-sex marriages. Therefore, employee benefits regulated by federal law such as ERISA and federal income tax law must provide equally for those in same-sex and opposite-sex marriages. There may be narrow exceptions under ERISA that permit self-funded plans to exclude coverage for employees’ same-sex spouses, but such exclusions may subject an employer to discrimination claims.
Fully insured health plans are subject to state laws. Therefore, employers offering employees state-regulated coverage must offer coverage to employees' same-sex spouses on the same terms as it is offered to employees' opposite-sex spouses.
The federal Family and Medical Leave Act (FMLA) requires employers with 50 or more employees to provide up to 12 weeks of unpaid family and medical leave to an eligible employee who needs to care ...

Read more about Domestic Partner Benefits


Maine Domestic Partner Benefits Resources

Type Title
See all Domestic Partner Benefits Resources