IL, HI & DE Enact Protections for Partners to Civil Unions

Three more states, Illinois, Hawaii, and Delaware, have passed new laws that recognize civil unions. These new laws extend all the same legal rights, benefits, protections, and responsibilities of spouses in a marriage to partners of a civil union. Many of those benefits and protections arise under labor and employment laws. Therefore, Illinois, Hawaii, and Delaware employers are encouraged to review work-related laws in light of the newly recognized class of individuals, and the way they administer additional plans and policies that might affect this class of individuals.

Employers should consider in particular an employee’s civil union status with regard to eligibility for survivor benefits under and inclusion in workers’ compensation laws, eligibility for family leave benefits, coverage under domestic abuse and domestic violence laws, dependent coverage under life insurance and health insurance policies, and employment discrimination protections. They may also see changes in the states’ labor law posters.

Employers still have time, if necessary, to implement their compliance strategies. The new laws go into effect as follows:

  • Illinois’ Religious Freedom Protection and Civil Union Act (IL S 1716) is effective June 1, 2011.
  • Hawaii’s Civil Unions law (HI S 232) is effective January 1, 2012.
  • Delaware’s Civil Unions law (DE S 30) is effective January 1, 2012.

Illinois, Hawaii, and Delaware join five other states that already have civil union laws granting spousal rights to partners of a civil union or domestic partnership: California, Nevada, New Jersey, Oregon and Washington. In some states, same-sex marriage has replaced civil unions, and in others statewide law provides only some state-level spousal rights to unmarried couples (domestic partnerships.) 

Compliance Poster Company will be carefully monitoring Illinois, Hawaii, and Delaware for any poster updates.