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  1. #1
    Join Date
    Apr 2011
    Posts
    1

    Default Employee Benefits for Some but Not All Employees

    My question involves labor and employment law for the state of: SC I live in SC and the company I worked for just sent an email flyer out to all employees, stating that employees without insurance can se our physicians and nurse practitioners for $35.00/ $25.00 per visit. I am questioning if this is legal in SC, I thought that am employee benefit was for all employees and that they can't pick and choose who it goes to. This is for both salaried and hourly employees.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employee Benefits for Some but Not All Employees

    You were wrong.

    The law absolutely does not say that if a benefit is offered to some employees it must be offered to all employees. It is 100% legal for the employer to have different classes of employees and offer different benefits to different classes. The only caveat is that these classes cannot be determined by a characteristic protected by law.

    It is entirely legal for some benefits to be offered to full time but not part time employees; office workers but not shop employees; supervisor and up but not rank and file; employees in the corporate office but not in the field office; and similar designations. It would not be legal to offer a benefit to men but not women; to white employees but not hispanic employees; to Christians but not Jews, etc. It would also be illegal, once the eligible classes are established, to pick and choose among the members of a particular eligible class.

    But there is nothing whatever illegal about establishing a class of "employees without insurance" and offering them a benefit that is not offered to employees with insurance.

    And that answer is true in all 50 states.

  3. #3
    Join Date
    May 2011
    Posts
    1

    Default Re: Employee Benefits for Some but Not All Employees

    Employment Labor State: CO

    For further clarification, if it has been established per the employee handbook that all full-time (36 hours/week or more) employees will receive health insurance covered at 100% and dependents are at 100% responsibility of the employee - can the Executive Director have dependents covered at 100%?
    Can dental insurance be paid at 100% for the Executive Director and 50% for the other eligible employees?
    Coverage start date - can it start immediately for one employee while the standard is to start the 1st of the month following 30 days of employment?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employee Benefits for Some but Not All Employees

    The employee handbook is not the deciding factor. The plan document is. It is not illegal, and not uncommon, for there to be separate benefits and separate benefit eligibility for high level executives.

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