HR Bitch, can you help? Benefits & Gay Marriage

[Anonymous]

So I work for a large public school system in Virginia, a state where gay marriage is not recognized. After the Supreme Court ruling in June, I married my partner. We live in DC where our marriage is recognized by Federal govt. According to my employer, my marriage must be to a person of the opposite sex and be recognized by the Federal govt. Seeing as I have fulfilled one of the requirements, I have gone ahead and filed to add my wife to our health plan. (Our children are already on it.)

Knowing that the tide is changing, I am pushing my employer to recognize my marriage before the state has done so. I submitted my request for change 7 weeks ago and received a letter within days saying that they are aware of the recent rulings by the Supreme Court and are seeking legal counsel before making a decision about my request. They did not outright deny the change, just said they were waiting. My question is how long am I expected to wait? What would you do if you were me? My guess is that this is not a situation they want to deal with publicly. What are some possible next steps? Contact a lawyer? Contact the Post? Any advice is appreciated.

[Anonymous]

Anyone? You don't have to be the self-named HR Bitch to respond.

[Anonymous]

I'm not really sure this is an HR question. It is a lobbying question.

The state that you live in currently has a law that does not allow for the provision of health benefits to same sex spouses. That law, as of today, is valid and constitutional. Your employer could not extent health benefits to your spouse even if they desperately wanted to do so.

If you want the state of Virginia to change this law, you should contact and support those organizations working to do just that. A quick google search shows these organizations: http://www.freedomtomarry.org/states/entry/c/virginia

I do not recommend contacting the media directly. The story you want to get out may not advance a carefully crafted media, public relations, and legal campaign that these organizations have given a lot of thought to setting in motion.

[Anonymous]

Anonymous wrote:I'm not really sure this is an HR question. It is a lobbying question.

The state that you live in currently has a law that does not allow for the provision of health benefits to same sex spouses. That law, as of today, is valid and constitutional. Your employer could not extent health benefits to your spouse even if they desperately wanted to do so.

This is simply not true. Your employer as a private entity could absolutely decide to extend benefits to same-sex spouses legally married in a state that recognized such marriages. Many corporations around the country extended same-sex couples benefits before the Windsor case was decided.

Now, if your employer is the State of Virginia, it would be a matter of state law and you would be, unfortunately, SOL.

[Anonymous]

I agree with the PP. I worked for an employer who extended benefits to any domestic partner, regardless of gender, and this company was headquartered in Richmond.

OP, how long has it been since you filed to add your wife? And who are you dealing with at your company? I'm not THE HR Bitch, but I do work in HR.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I'm not really sure this is an HR question. It is a lobbying question.

The state that you live in currently has a law that does not allow for the provision of health benefits to same sex spouses. That law, as of today, is valid and constitutional. Your employer could not extent health benefits to your spouse even if they desperately wanted to do so.

This is simply not true. Your employer as a private entity could absolutely decide to extend benefits to same-sex spouses legally married in a state that recognized such marriages. Many corporations around the country extended same-sex couples benefits before the Windsor case was decided.

Now, if your employer is the State of Virginia, it would be a matter of state law and you would be, unfortunately, SOL.

But her employer is a local government. So one big question is whether VA's anti gay marriage law extends to local governments within the state.

OP, I'd call the Human Rights Campaign tomorrow, tell them your story & see what they say.

[Anonymous]

It's actually more of a question for the plan documents. Your employer should be able to provide you with the actual contract they hold with the health insurance company, which defines who is and who is not eligible to be enrolled as a dependent.

I've worked for plenty of VA orgs who allowed domestic partner dependents of either sex. However, if the plan documents specify "spouse", you may be out of luck.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I'm not really sure this is an HR question. It is a lobbying question.

The state that you live in currently has a law that does not allow for the provision of health benefits to same sex spouses. That law, as of today, is valid and constitutional. Your employer could not extent health benefits to your spouse even if they desperately wanted to do so.

This is simply not true. Your employer as a private entity could absolutely decide to extend benefits to same-sex spouses legally married in a state that recognized such marriages. Many corporations around the country extended same-sex couples benefits before the Windsor case was decided.

Now, if your employer is the State of Virginia, it would be a matter of state law and you would be, unfortunately, SOL.

I wrote the post you quoted. PP's employer is not a private entity. Her employer is a public school system, likely governed by and receiving funding from the state of Virginia. More likely than not, the health benefits are administered through the state health care system. http://www.doe.virginia.gov/teaching/index.shtml

If county school districts administer employee health benefits wholly apart from the state system, then I would be wrong...and very surprised.

[Anonymous]

Hr bitch here. Hi. My answer is: I don't know. As a person I think waiting almost two months certainly shows your patience, and. I would request an answer by writing to ask for one. There are attorneys who specifically deal with gay and lesbian issues if you employer says no, I would get a consult with one. Sorry I can't give you a more concrete answer.

Congrats on your summer wedding!

[Anonymous]

OP, the DOL released guidance a few weeks ago stating that same sex married couples (not domestic partners) must be covered under ERISA plans. The IRS released guidance a few weeks later stating that the marriage does not have to be recognized by the state the employee lives or where the emoloyer is located. It just must legal in the US.

You need to follow back up with HR on this. There is no reason they haven't approved your spouse yet.

http://www.irs.gov/uac/Newsroom/Treasury-and-IRS-Announce-That-All-Legal-Same-Sex-Marriages-Will-Be-Recognized-For-Federal-Tax-Purposes;-Ruling-Provides-Certainty,-Benefits-and-Protections-Under-Federal-Tax-Law-for-Same-Sex-Married-Couples

http://mobile.reuters.com/article/idUSBRE98H1AH20130918?irpc=932

[Anonymous]

PP here. Sorry I did not read carefully your OP. if your school district is progressive (Arlington, Alexandria) I do think it's an open question if they could pass a local ordinance that permitted it. Depends on the home rule statues in Va and how much authority they have to pass laws independent of the state. (Eg in SF, there was a separate local tax for health care). Agree with PPs that you should contact HRC or similar organization.

[Anonymous]

When the Commonwealth passed its amendment, progressive counties had to strip same-sex benefits or be taken to court by the state. I work for one such county, and would like to add my wife but can't due to the assenine government.

[Anonymous]

With the repeal of DOMA if the benefit plan in question covers "spouses" then a same sex spouse must be covered. Benefit plans are governed under ERISA and the state recognition of the marriage is not relevant. There's been a lot of information on the repeal of DOMA over the last few weeks. Initally we did not know if the IRS would require recognition of a same sex marriage in a state that does not allow same sex marriage. The IRS has now said yes, the marriage is recognized for the purpose of benefits, taxes, etc.

[Anonymous]

Anonymous wrote:OP, the DOL released guidance a few weeks ago stating that same sex married couples (not domestic partners) must be covered under ERISA plans. The IRS released guidance a few weeks later stating that the marriage does not have to be recognized by the state the employee lives or where the emoloyer is located. It just must legal in the US.

You need to follow back up with HR on this. There is no reason they haven't approved your spouse yet.

http://www.irs.gov/uac/Newsroom/Treasury-and-IRS-Announce-That-All-Legal-Same-Sex-Marriages-Will-Be-Recognized-For-Federal-Tax-Purposes;-Ruling-Provides-Certainty,-Benefits-and-Protections-Under-Federal-Tax-Law-for-Same-Sex-Married-Couples

http://mobile.reuters.com/article/idUSBRE98H1AH20130918?irpc=932

OP here. Thank you. This is very helpful as were many other responses. According to the Dept of Labor guidance issued last month, benefits covered under ERISA must be extended to all spouses regardless of the state. However, after some reading I just figured out that public school systems are exempted under ERISA. Sigh.

I will contact HR and request an answer in writing. If it is denied, I will then decide whether to contact a lawyer.