July 25, 2013

Defense of Marriage Act Decision’s Impact on Connecticut Employers

Although Connecticut has recognized same-sex marriage for several years, the U.S. Supreme Court’s decision overturning the federal Defense of Marriage Act could present the state’s employers with new complications to address.  According to a recent post in the Connecticut Employment Law Blog, employers should anticipate and accommodate employees in same-sex marriages wanting to change their filing tax status on their W-4 forms.  Also, a range of issues including tax withholding amounts and health and retirement benefits provided under federal ERISA law may also need to be addressed. 

In addition, the federal Family and Medical Leave Act (FMLA), which applies to employers with at least 50 employees, will now allow employees leave to care for their same-sex spouses.  Similar benefits under the state’s FMLA law have been available to certain same-sex spouses for several years.  However, the state law only applies to employers with at least 75 employees in the state.