Questions About Employment Law

Q. Is a business required to provide health care, life and similar insurance coverages for its employees?

A. Although it's not uncommon to provide these kinds of "employee benefit" coverage for workers, the legislation generally doesn't ask for a company to do so. Businesses supply these and similar benefits to attract and retain workers and as an additional form of reimbursement. Companies that use unionized workers must supply whatever benefits are required by the provisions and conditions of their marriage contracts, and it also may be required to present particular kinds of employee benefits as a condition of doing business with or for agencies or certain governmental entities. Many states have opted to adopt legislation requiring employers that are to give health insurance. Check with labour department or your state's insurance to find out if such a law has been adopted by your state.

Q. Is a business required to offer disability insurance coverage for its workers?

A. No. Although it is not uncommon to supply "employee benefit" coverage for workers, the law typically doesn't ask for a company to do so. Nonetheless, in the event of disability insurance that's a part of an employer-sponsored wellness program, that scenario is changing. Especially, the Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) which took effect January 1, 1998, and among the main features of the Act, guarantees the continued access to health insurance, regardless of medical condition, for those already with coverage through employment or otherwise. For this reason, and others once health insurance is set up for an employed individual, relating to state legislation and court cases, while there may be no initial obligation to provide health insurance it will normally stay accessible. This is particularly governed by collective bargaining agreements.

Q. Does "flirting" represent sexual harassment?

The fact that an employee participates in or tolerates or laughs off moderate sexual innuendoes or lewd remarks (possibly to fit in with the audience) does not mean that the employee welcomed the conduct. Employees can complain of sexual harassment even when they did join in if the opinions were not invited by them. However even employees who invited or began the remarks may have cause to complain. It's a question of fact.

Q. Can an employer establish different probationary periods for new workers?

A. An employer is free to establish a probationary period. While probationary periods may be established for categories of workers, or different employees, this may make the employer vulnerable to a claim of discrimination. An employer ought to be prepared to justify any gaps.