Legal Question in Medical Leave in California
FMLA and Domestic Partners
FMLA does not apply to care for Domestic Partners. May an employer adapt a broader policy to include care of DP's? If so, can they limit the overall Protection to 12 weeks or would the employee be able to claim two separate leaves, one for DP care and one for themselves (assuming they had a medical condition)?
1 Answer from Attorneys
Re: FMLA and Domestic Partners
When an employer adopts a policy that grants benefits not required by law, the employer may impose any conditions it chooses, as long as it does not restrict rights employees are otherwise entitled to, or applied in a discriminatory manner.
As to the specifics of any policy you wish to implement, it would be wise to pay an attorney to spend the time to review your existing policies and that which you propose, to make sure all labor laws are complied with.
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