In June 2015 the United States Supreme Court issued a decision holding that same-sex marriage is guaranteed by the 14th Amendment to the U.S. Constitution. Since spousal status affects some employer provided benefits, employers and employees should be aware of the implications of this decision. The decision impacts employer provided health care, Health Savings Accounts, cafeteria plan spending accounts, death benefits paid under a 401(k) plan, rights under the Family Medical Leave Act, ERISA retirement plans and other benefits. Generally speaking, same-sex couples who are married have access to employer provided benefits on the same terms as opposite-sex married couples.
For more information about this topic and other employment law issues, contact Will Partridge at Farrish Johnson Law Office at 507-625-2525.
This webpage contains general information and not legal advice. It is based on Minnesota law in effect at the time of writing. An attorney at Farrish Johnson can advise you about how the law applies to your specific situation.