Full question:
My employer is not paying the supplemental benefits alleging that they are paying vacations and sick days to all full timers. Also, in case of a work related accident they will cover the expenses even though they do not offer any medical benefits.
- Category: Employment
- Subcategory: Benefits
- Date:
- State: New York
Answer:
In New York, employers are generally not required to provide health benefits unless specified in an employment contract or a collective bargaining agreement with a union. If health benefits are offered to some employees, federal laws prohibit discrimination against others based on age, sex, race, religion, or national origin, as well as pre-existing conditions.
The Employee Retirement Income Security Act (ERISA) governs most private sector health plans. ERISA sets minimum standards for pension and health plans, ensuring protections for participants. It requires plans to provide important information about their features and funding, establishes fiduciary responsibilities for those managing the plans, mandates a grievance and appeals process for participants, and grants the right to sue for benefits and breaches of fiduciary duty.
However, ERISA does not cover health plans maintained by government entities, churches, or those established solely to comply with workers' compensation, unemployment, or disability laws. It also excludes plans maintained outside the U.S. for nonresident aliens or unfunded excess benefit plans. While ERISA does not require employers to establish health plans, it does require that those who do meet certain standards. Certain benefits, known as excepted benefits, may not be subject to ERISA requirements, including accident-only and disability income insurance, as well as workers' compensation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.