WI FMLA
Wisconsin adds domestic partner benefits to Family Medical Leave Act
New law defines registered and unregistered domestic partners for same-sex and opposite-sex partnerships.
When Governor Jim Doyle signed Wisconsin’s biennial state budget into law on June 29, 2009, it included new provisions for same-sex and opposite-sex domestic partners that affect Wisconsin’s Family Medical Leave Act provisions.
Wisconsin FMLA
Wisconsin FMLA applies to employers employing at least 50 permanent employees during at least six of the last preceding 12 calendar months. Employees of covered employers are eligible for FMLA if they have been employed for more than 52 consecutive weeks and have worked at least 1,000 hours during the preceding 52-week period.
During the calendar year, eligible employees may take:
• Up to six weeks of leave for the birth of an employee’s natural child, the placement of a child for adoption, or placement of a child as a precondition to adoption
• Up to two weeks of leave to care for an employee’s child, spouse, domestic partner or parent who has a serious health condition
• Up to two weeks of leave for their own serious health condition
The definition of “child” includes a natural, adopted or foster child; stepchild or legal ward. The changes do not cover children of an employee’s domestic partner.
The definition of “parent” includes a natural parent, foster parent, adoptive parent, stepparent, or legal guardian of an employee, an employee’s spouse or an employee’s domestic partner.
The definition of “domestic partner” includes the meaning given in Chapter 770 and Section 40.02.
Registered domestic partners
Specifically, Chapter 770 creates a legal status for domestic partnerships. It defines a same-sex “domestic partner” as an individual who has signed and filed a declaration of domestic partnership in the office of the register of deeds of the county in which he or she resides. A “domestic partnership” means the legal relationship that is formed between two individuals under Chapter 770.
Two individuals may form a domestic partnership if they satisfy all of the following criteria:
• Each individual is at least 18 years old and capable of consenting to the domestic partnership;
• Neither individual is married to, or in a domestic partnership with, another individual;
• The two individuals share a common residence;
• The two individuals are not nearer of kin to each other than second cousins; and
• The individuals are members of the same sex.
Unregistered domestic partners
Additionally, Section 40.02 (21c and 21d) allows unregistered domestic partnerships between same-sex or opposite sex couples by defining a “domestic partner” as an individual in a domestic partnership, which is any relationship between two individuals who satisfy all of the following criteria:
• Each individual is at least 18 years old and otherwise competent to enter into a contract;
• Neither individual is married to, or in a domestic partnership with, another individual;
• The two individuals are not related by blood in any way that would prohibit marriage under Section 765.03;
• The two individuals consider themselves to be members of each other’s immediate family;
• The two individuals agree to be responsible for each other’s basic living expenses; and
• The two individuals share a common residence.
Because no state certification is required for unregistered domestic partnerships, employers must determine how they will verify that the above criteria is met for each couple.
Next steps
Employers should update their policies, procedures and forms to include these new provisions.
Employers should also download and display the new Wisconsin Department of Workplace Development poster, available at www.dwd.state.wi.us/dwd/posters.htm.
For more information, visit www.dwd.state.wi.us/er/family_and_medical_leave/default.htm.
Contact:
RJF Employee Benefits
763-746-8000
Kari Rosand Scanlon, RJF HR Consultant
763-746-8219 or scanlonk@rjfagencies.com.
Disclaimer
This document is provided for informational and educational purposes only. It is not intended to, nor does it, provide any form of legal advice regarding the subject matter of the documents. You should not take any actions on the basis of this document, but instead should seek legal advice regarding your issues.
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