Currently, there are no federal laws which require employers to include domestic partners in their benefits plans. Furthermore, employers are not required to offer federal COBRA benefits to domestic partners since the law defines a qualified beneficiary as being a spouse or a dependent under both federal and state law. Some states have legally defined domestic partner, and some may also require certain benefits be offered to registered domestic partners, so you’ll want to check for related laws in your state.
The decision to include domestic partner benefits in an employer’s plan should include an examination of the tax implications to employees as well as the effect it has on morale. Many employers voluntarily have added domestic partner benefits to their plan.
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