Persuading a worker to accept a job is largely accomplished through employee benefit programs. Several employment benefits are required by law, but many others are optional. Social security and unemployment insurance, as well as workers’ compensation, are among the benefits currently required byMajarian Law Group.
As a result of the Social Security Act, the Social Security Administration was established. Originally, Social Security paid retirement benefits only to a primary worker but later added survivor benefits as well as benefits to spouses and dependents. The benefits are paid over the course of a person’s working life. In addition to federal and state income taxes, employers must deduct Social Security and Medicare taxes from employees’ salaries. Both employers and employees are responsible for paying matching Social Security and Medicare taxes.
The Social Security Administration offers two programs to employees who become disabled and are unable to work. People with a sufficient amount of work history can apply for disability benefits through the Social Security Disability Insurance (SSDI) program. Disability and elderly people who have low incomes and assets can apply for Supplemental Security Income (SSI).
Each state has different laws pertaining to unemployment insurance and workers’ compensation. In general, states require employers to contribute to unemployment insurance benefits when an employee becomes unemployed. California, New York, Hawaii, New Jersey and Rhode Island mandate that employers buy workers’ compensation insurance to cover workers who have been injured or ill at work. Employees in other states can choose private insurance.
Employers of a certain size are required to provide certain employment benefits. Under the Family and Medical Leave Act (FMLA), employers with 50 or more employees must provide 12 weeks of unpaid leave, during which the employee’s job is protected, for specific reasons, such as childbirth, childcare, immediate family care, or a medical condition that requires care.
Laws do not mandate certain benefits
There is no law requiring regular vacation days, which is a surprise to many people. Employees find retirement plans and life insurance essential reasons to accept job offers, though employers are not required to provide them. Some employers offer voluntary benefits that are governed by federal law.
Pension and health insurance plans offered voluntarily in private industry must meet minimum standards set forth in the Employee Retirement Income Security Act of 1974 (ERISA). In order to protect individuals, employers offer specific benefits, such as medical benefits and pensions. Participant information and fiduciary responsibilities are mandated under ERISA for plans that manage and control plan assets, along with information about the features and funding of the plan. Participant rights under ERISA include suing if fiduciary duty has been breached or benefits have been denied.
Mental health, newborns, and cancer rights have been affected by several revisions to ERISA. The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) is one of the ERISA amendments that requires employers with twenty or more employees to adhere to certain regulations on more than 50 percent of typical business days. COBRA provides former employees and their dependents with group health insurance coverage at a discounted group rate.
As an amendment to ERISA, HIPAA also provides health insurance portability and accountability. Health insurance consumers in the United States are protected under HIPAA with respect to preexisting medical conditions that may adversely affect their ability to get health coverage.
Churches and governmental entities employees, however, are not covered by ERISA. The law does not cover workers’ compensation, unemployment, or disability group plans.
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