By Stephen D. Bruce, PHR
Editor, HR Daily Advisor
Thirty-eight percent of participants in our recent survey of spousal and domestic partner benefits offer domestic partner benefits to at least some employees, and an additional 7 percent plan to offer such benefits at some point in the future.
However, 53% of organizations do not offer domestic partner benefits at all, and have no plans to do so. Of the 93% percent of respondents that offer spousal benefits to benefit-eligible U.S. employees, a little over half (55%) offer these benefits to different-sex spouses only.
The Spousal and Domestic Partner Benefits survey, conducted in September 2011, received 604 responses, of which just over 70% originated from organizations with fewer than 500 employees.
Additional Findings:
- Just under 70% of organizations offering domestic partner benefits require a Domestic Partner Affidavit or other certification of the domestic partner relationship.
- Few organizations offer retirement benefits, including detailed benefits plans or hardship distribution options, to either spouses or domestic partners.
- Amongst other benefits most commonly offered to spouses and/or domestic partners, are an employee assistance program (EAP), FMLA leave, bereavement leave, and attendance at employer events/functions.
The tables below present the detailed national results. [Go here for detailed breakdowns by company size, geographical region, and organization type.]
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Q1. Does your organization offer benefits to SPOUSES of benefit-eligible U.S. employees?
Answer Options |
Response Percent |
Response Count |
Yes, organization-wide |
92.7% |
558 |
Yes, in certain sections of the organization |
1.7% |
10 |
No, but plan to in the next 12 months |
0.5% |
3 |
No, but plan to at some point |
0.7% |
4 |
No, with no plans to |
3.8% |
23 |
Unsure |
0.7% |
4 |
|
answered question |
602 |
|
skipped question |
2 |
Q2. For how long has your organization been offering SPOUSAL benefits?
Answer Options |
Response Percent |
Response Count |
Less than a year |
1.4% |
8 |
1-3 years |
3.2% |
19 |
4-6 years |
4.3% |
25 |
7-9 years |
3.6% |
21 |
More than 10 years |
82.1% |
482 |
Unsure |
5.5% |
32 |
|
answered question |
587 |
|
skipped question |
17 |
Q3. Does you organization offer SPOUSAL benefits to:
Answer Options |
Response Percent |
Response Count |
Different sex spouses only |
54.9% |
304 |
Same sex spouses only |
6.1%* |
34* |
Different and same sex spouses |
35.7% |
198 |
Unsure |
3.2% |
18 |
|
answered question |
554 |
|
skipped question |
50 |
*Note; this response puzzles us; it’s not clear in what situation an organization would offer benefits to same sex spouses but not to different sex spouses. Any readers care to enlighten us?
Q4. Does your organization require dependent eligibility or proof of relationship documentation for SAME SEX spouses, beyond what it requires for OPPOSITE SEX spouses?
Answer Options |
Response Percent |
Response Count |
Yes |
18.8% |
84 |
No |
64.6% |
288 |
Unsure |
16.6% |
74 |
|
answered question |
446 |
|
skipped question |
158 |
Q5. A domestic partner of an employee is usually classed as a person who has attained a minimum age (typically 18) and has been sharing a committed, exclusive relationship for at least six months with the employee, to whom they are not related, with both partners being financially interdependent. Does your organization offer benefits to DOMESTIC PARTNERS of benefit-eligible U.S. employees?
Answer Options |
Response Percent |
Response Count |
Yes, organization-wide |
36.2% |
207 |
Yes, in certain sections of the organization |
1.9% |
11 |
No, but plan to in the next 12 months |
1.6% |
9 |
No, but plan to at some point |
4.9% |
28 |
No, with no plans to |
53.3% |
305 |
Unsure |
2.1% |
12 |
|
answered question |
572 |
|
skipped question |
32 |
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Q6. For how long has your organization been offering DOMESTIC PARTNER benefits?
Answer Options |
Response Percent |
Response Count |
Less than a year |
9.6% |
21 |
1-3 years |
30.3% |
66 |
4-6 years |
21.6% |
47 |
7-9 years |
8.3% |
18 |
More than 10 years |
22.0% |
48 |
Unsure |
8.3% |
18 |
|
answered question |
218 |
|
skipped question |
386 |
Q7. Does you organization offer DOMESTIC PARTNER benefits to:
Answer Options |
Response Percent |
Response Count |
Different sex domestic partners only |
6.5% |
14 |
Same sex domestic partners only |
19.0% |
41 |
Different and same sex domestic partners |
72.2% |
156 |
Unsure |
2.3% |
5 |
|
answered question |
216 |
|
skipped question |
388 |
Q8. Does your organization ask for a Domestic Partner Affidavit to certify a domestic partnership? (This is a document which sets out benefit eligibility requirements for domestic partners and which is confirmed and signed by both partners).
Answer Options |
Response Percent |
Response Count |
Yes |
69.3% |
147 |
No |
26.9% |
57 |
Unsure |
3.8% |
8 |
|
answered question |
212 |
|
skipped question |
392 |
Q9. Does your organization ask for any other types of dependent eligibility or proof of relationship documentation for domestic partnerships?
Answer Options |
Response Percent |
Response Count |
Yes |
35.8% |
76 |
No |
58.5% |
124 |
Unsure |
5.7% |
12 |
|
answered question |
212 |
|
skipped question |
392 |
Q10. Which of the following health insurance benefits does your organization offer to spouses and domestic partners of benefits-eligible U.S. employees?
Answer Options |
Offered to spouses & domestic partners |
Offered to spouses only |
Offered to domestic partners only |
Not offered to either |
Response Count |
Health/ |
216 |
320 |
2 |
15 |
553 |
Dental |
206 |
307 |
2 |
29 |
544 |
Vision |
167 |
244 |
2 |
100 |
513 |
|
|
|
|
answered question |
554 |
|
|
|
|
skipped question |
50 |
Q11. If your organization offers health insurance benefits to spouses, are they offered to:
Answer Options |
Response Percent |
Response Count |
Different sex spouses only |
56.1% |
310 |
Same sex spouses only |
5.1% |
28 |
Different and same sex spouses |
34.2% |
189 |
Unsure |
3.6% |
20 |
We don’t offer health insurance benefits to spouses |
1.1% |
6 |
|
answered question |
553 |
|
skipped question |
51 |
Q12. Which of the following retirement benefits does your organization offer to spouses and domestic partners of benefits-eligible U.S. employees?
Answer Options |
Offered to spouses & domestic partners |
Offered to spouses only |
Not offered to either |
Response Count |
Defined benefit plan: Qualified Joint and Survivor Annuity |
34 |
135 |
345 |
514 |
Defined benefit plan: Qualified pre-retirement Survivor Annuity |
25 |
98 |
375 |
498 |
Hardship distribution option |
17 |
88 |
396 |
501 |
|
|
|
answered question |
522 |
|
|
|
skipped question |
82 |
Q13. Which of the following other benefits does your organization offer to spouses and domestic partners of benefits-eligible U.S. employees?
Answer |
Offered to spouses & domestic partners |
Offered to spouses only |
Offered to partners only |
Not offered to either |
Response Count |
FMLA |
105 |
185 |
0 |
212 |
502 |
Bereave |
137 |
138 |
1 |
227 |
503 |
Employer-provided supplemental life insurance |
58 |
194 |
1 |
241 |
494 |
Relocation/ |
29 |
54 |
0 |
406 |
489 |
Adoption |
24 |
50 |
0 |
416 |
490 |
Employee discounts |
86 |
87 |
0 |
320 |
493 |
Employee assistance program |
147 |
164 |
1 |
188 |
500 |
Access to employer facilities |
129 |
49 |
0 |
314 |
492 |
Attendance at employer events/functions |
334 |
66 |
1 |
97 |
498 |
|
|
|
|
answered question |
513 |
|
|
|
|
skipped question |
91 |
Q14. If your organization offers other benefits to spouses, are they offered to:
Answer Options |
Response Percent |
Response Count |
Different sex spouses only |
31.7% |
161 |
Same sex spouses only |
3.9% |
20 |
Different and same sex spouses |
22.8% |
116 |
Unsure |
4.1% |
21 |
We don’t offer other benefits to spouses |
37.4% |
190 |
|
answered question |
508 |
|
skipped question |
96 |
Q15. Does your organization offer benefits to eligible dependents (for example, children) of domestic partners?
Answer Options |
Response Percent |
Response Count |
Yes to different sex partners |
34.7% |
180 |
Yes to same sex partners |
26.4% |
137 |
None offered |
48.8% |
253 |
Unsure |
10.6% |
55 |
|
answered question |
518 |
|
skipped question |
86 |
Go here for detailed breakdowns by company size, geographical region, and organization type.]
Thanks to all who participated in this survey. Upcoming topics include:
- Social Media
- Heathcare
- Flexible Work Policies
I suspect the respondents who answered same sex couples only to the Q3 question about spousal benefits may have misunderstood the question and read it as being about provision of domestic partner/spousal equivalent benefits. Many organizations only offer domestic partner/spousal equivalent benefits to same sex couples who cannot get married in their jurisdiction- offering regular spousal benefits to opposite sex couples (and also often to same sex couples who can get married in their jurisdiction). These companies believe that opposite sex couples don’t need domestic partner benefits because they can get married. This view ignores the reality that some opposite sex couples do not with to marry for a variety of reasons and an approach focused on equity would offer them benefits too. Of course, there is not real equity for same sex couples, married or not, because they have to pay federal taxes on all the benefits, which opposite sex couples do not, and in states where their relationships are not recognized, they have to pay state income tax on the benefits also.
One benefit that might be offered to same sex spouses only is a “topping up” salary amount to compensate for the differential tax burden related to receiving benefits. Some organizations do this in an effort to make sure that receiving the benefits doesn’t result in a differential cost between same sex and opposite sex married couples.
Is it discriminatory to request a Domestic Partner Affidavit or other certification of the domestic partner relationship and not request verification or certification of marriage?
In response to Cindy’s question, I asked one of our legal editors about certification requests. She says:
An employer’s ability to require different documentation from an employee who has a domestic partner may depend on state law. For example, in Oregon under the state family leave law, employers can’t ask for proof of domestic partnership if they don’t ask for proof of marriage (see info on link below). Absent a specific state law that prohibits such requests, there could be discrimination issues when same sex marrieds are asked for documentation but opposite sex marrieds are not, or when same sex domestic partners are asked and opposite sex domestic partners are not. Here’s the link to the Oregon information:
http://www.oregon.gov/BOLI/TA/TA_COL_080508_Parental_Lv_Same_Sex_Partners.pdf?ga=t