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employee benefits

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worm8986

Junior Member
What is the name of your state (only U.S. law)?
Wisconsin

Does an employee handbook have to have the start dates for benefits printed in it or can the employer just say when they are to begin?
 


Beth3

Senior Member
What is the name of your state (only U.S. law)?
Wisconsin

Does an employee handbook have to have the start dates for benefits printed in it or can the employer just say when they are to begin?
No, you don't have to have this information in your employee handbook however an employer just can't arbitrarily decide when benefits begin. Assuming you're talking about health insurance and perhaps retirement plan eligibility, eligibility dates are dictated by your respective Plan Documents.

If you're talking about things such as holiday pay, vacation, paid sick/personal time, etc., you don't have to put that information in the handbook either but why wouldn't you? If you don't include basic information such as this in the employee handbook, I don't see why you'd even bother to have one.
 

worm8986

Junior Member
benefits

This is the problem that I am having. I have been working for this company for 3 years doing in home health care. We were given an employee handbook in which it states benefits such as paid holidays, vacation, etc.
In the handbook it states which holidays are paid...New Years Day was one of the holidays that the company observes and says that if you are off on that day you will be paid either 8 hours or 4 hours depending on whether you are a full time worker or a part time worker.

I was off on New Years Day and I was NOT paid for that day.

When I inquired as to why this occurred I was told that none of the benefits such as paid holidays or vacations will start until September of 2012. This is NOT mentioned anywhere within the handbook. Is this legal?
 

Banned_Princess

Senior Member
This is the problem that I am having. I have been working for this company for 3 years doing in home health care. We were given an employee handbook in which it states benefits such as paid holidays, vacation, etc.
In the handbook it states which holidays are paid...New Years Day was one of the holidays that the company observes and says that if you are off on that day you will be paid either 8 hours or 4 hours depending on whether you are a full time worker or a part time worker.

I was off on New Years Day and I was NOT paid for that day.

When I inquired as to why this occurred I was told that none of the benefits such as paid holidays or vacations will start until September of 2012. This is NOT mentioned anywhere within the handbook. Is this legal?
WHY did you start the duplicate post if you have already gotten your answers here? not the answer you wanted huh?
 

Banned_Princess

Senior Member
https://forum.freeadvice.com/fringe-benefits-95/benefits-574663.html


ok, lets be really clear here, they do not have to follow their handbook, they do not have to provide a handbook, they can use, or not use their handbook, their handbook doesn't have to be correct, the employee is free to decide they don't want to use the handbook, they can really do just about anything they want to do. totally legal, and there is no way they are going to be forced to abide by what the handbook sais.
 

cbg

I'm a Northern Girl
When I inquired as to why this occurred I was told that none of the benefits such as paid holidays or vacations will start until September of 2012. This is NOT mentioned anywhere within the handbook. Is this legal?

Yes, this is legal, unless you can show that the handbook is a legally binding and enforceable contract.
 

worm8986

Junior Member
wow...came here for advice and get "Banned Princess" being a smart ass...nice
I didn't mean to start a new thread...was just getting the hang of how it works on here.

All employees of the company that I work for were asked to submit a vacation form...then we were all told we could not have vacation until after September of 2012....it does not state in our handbook that vacations, paid holidays or any other type of fringe benefits would start after that date.

The handbook states that after one full year of continuous employment each regular full time employee will earn paid vacation days on the basis of the number of years worked. 1 - 4 years of eligible service the employee is entitled to 10 days vacation each year. 5 - 14 years of service the employee is entitled to 15 days vacation each year..and so on.
As I mentioned previously, when I did fill out the form for my vacation I was informed that no benefits were available until September 2012. I told the "office" that it does not state that in the handbook and they said it was shown in a power point presentation. No employee has seen a power point presentation from this company.
Sorry if I have wasted anyone's time by inquiring about this.
 

Zigner

Senior Member, Non-Attorney
wow...came here for advice and get "Banned Princess" being a smart ass...nice
I didn't mean to start a new thread...was just getting the hang of how it works on here.

All employees of the company that I work for were asked to submit a vacation form...then we were all told we could not have vacation until after September of 2012....it does not state in our handbook that vacations, paid holidays or any other type of fringe benefits would start after that date.

The handbook states that after one full year of continuous employment each regular full time employee will earn paid vacation days on the basis of the number of years worked. 1 - 4 years of eligible service the employee is entitled to 10 days vacation each year. 5 - 14 years of service the employee is entitled to 15 days vacation each year..and so on.
As I mentioned previously, when I did fill out the form for my vacation I was informed that no benefits were available until September 2012. I told the "office" that it does not state that in the handbook and they said it was shown in a power point presentation. No employee has seen a power point presentation from this company.
Sorry if I have wasted anyone's time by inquiring about this.
The asking isn't a waste. It's the refusal to accept the answer that is a waste.
 

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