What's New!

"Everything But Marriage" Bill is Now Law in Washington

Washington's new "Everything But Marriage" law became effective December 3, 2009. All employers in Washington are now required to treat an employee's registered domestic partner the same as a married employee's spouse (to the extent this treatment does not conflict with federal law). The new law applies to same-sex couples (over age 18) as well as opposite-sex couples with at least one partner age 62 or older.

This new legislation affects the following employment-related laws:

• Washington Family Leave Act - Employees will have the right to take up to 12 weeks of unpaid leave in a 12-month period to care for a registered domestic partner with a serious health condition. This leave will not count under the federal Family and Medical Leave Act (FMLA) because FMLA does not include domestic partners in the definition of family members. 
• Washington Family Care Act - Employees can use accrued, paid leave to care for a registered domestic partner or the partner's parent, if either has a serious health condition. 
• Military Family Leave - An employee may take up to 15 days of unpaid leave per deployment when a registered domestic partner has been notified of a call to active duty or is on leave from deployment. 
• Domestic Violence Leave - An employee is entitled to take leave to care for a registered domestic partner' family to the same extent that a married employee could use such leave to care for a family member. 
• Deceased Employee Wages - A surviving registered domestic partner is entitled to the final wages of a deceased employee to the same extent as a surviving spouse.
• Assignment of Wages - A registered domestic partner will need to consent in advance to an employee's assignment of wages to a creditor; the same as an employee's spouse.

We recommend our Washington members update their employee handbook and other policies to reflect the changes in the law. For any policy that references "spouse," "wife," "husband," "married" or similar terms relating to marriage, consider whether it is appropriate to also include the term "domestic partner." Contact us if you have questions or need help updating your polices.