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Tyma v. Montgomery County6/14/2002
l leave rights to employees than the rights established by the FMLA." 29 C.F.R. ยง 825.700 (a).
A similar position has been taken by other courts that have considered the issue; they have overwhelmingly concluded that local domestic partnership legislation is not preempted by federal law. See, e.g., Lowe, supra, 766 So.2d at 1207-08; Slattery, supra, 697 N.Y.S.2d at 604-05; Schaefer, supra, 973 P.2d at 720-21; Morgan, supra, 492 S.E.2d at 195-196.
Thus, to the extent that its power to do so is challenged, we hold that a home rule county that provides benefits to the domestic partners of its employees does not exceed its local lawmaking authority or otherwise undermine State and federal law.
JUDGMENT OF THE CIRCUIT COURT FOR MONTGOMERY COUNTY AFFIRMED, WITH COSTS.
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