Employers often offer a number of benefits to full-time workers in order to be more competitive and to increase employee satisfaction. Although these benefits are not typically required by law, once an employer establishes worker entitlement to them, certain legal implications arise. However, disputes sometimes arise regarding the use of these benefits.

Common Employment Benefits

Some common employment benefits and rules associated with them include:

  • Paid vacation – Many employers choose to offer paid vacation to eligible employees. If employers offer this benefit, they must apply consistent accrual methods. They must pay accrued vacation to an employee once he or she separates from employment if the employment contract or policy requires it.
  • Sick leave – If an employer provides sick leave benefits, the terms of this leave should be included in an employee handbook. For example, the employer may require a doctor’s note. Some municipalities have enacted sick leave ordinances that require employers to provide eligible employees with paid sick leave for certain medical and safety-related needs.
  • Paid time off – Some companies offer paid time off so that employees are able to miss work for non-medical reasons. Under this type of system, eligible employees receive a certain number of days. These days may include sick leave, personal time and vacation time. When the employment relationship ends, the employer is usually required to pay the employee for unused PTO time.

Unpaid Leave Benefits

In addition to eligibility for paid time off, employers are also required to provide unpaid leave time under the federal Family and Medical Leave Act. This law allows qualified employees to take up to 12 weeks of unpaid leave under certain circumstances if they have worked a minimum of 1,250 hours in the last 12 months. The law only applies to employers with at least 50 employees who are located within a 75-mile radius.

The employee can use this time to receive treatment for his or her own physical or mental condition, to care for an immediate family member with a serious health condition or to care for a newborn or adopted child.

An experienced employment law attorney can help clients who are confronting disputes regarding the payment of their benefits.

 

 

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