Gay marriage could alter benefit plans

By Stephanie Armour
USA Today

The gay marriage debate could mean first-of-a-kind changes to employee benefit plans.

In some states, change already is afoot, with some companies being required by law to offer health benefits to employees' same-sex spouses.

"I'm sitting down with clients and advising them of what the issues are," says Tom Greene, a Boston employment lawyer. "The questions are coming more and more. There's a lot of confusion."

The possible impact:

• Benefits for married gay couples. Companies that don't offer domestic partner benefits might be required to provide health benefits to spouses of gay employees.

Currently, more than 7,000 employers offer domestic partner benefits, according to Human Rights Campaign, a gay political group.

• Fewer domestic partner benefits. If companies are legally required to provide health benefits to married gay couples, they might no longer provide them to same-sex couples who live together but aren't married.

• More access to leave, other benefits. In some cases, employers might have to allow gay employees to take leave to care for an ill spouse.