Do labor laws mandate that a private sector employee working full-time recieve benefits such as paid time off, health insurance, etc?

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Do labor laws mandate that a private sector employee working full-time recieve benefits such as paid time off, health insurance, etc?

My son, who is an auto mechanic, has been working 50 plus hours a week for over 1 year for the same company. They keep telling him they will set him up with full-time benefits to include health insurance and paid time off. Hpowever, it has not happened yet? How can he go about requiring them to comply?

Asked on April 29, 2012 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

An employer does not need to offer benefits--it is perfectly legal to not offer paid vacation or sick leave, health insurance, etc. However, if an employer does offer these things, then it is generally required to offer them to any and all employees who meet the criteria it has adopted. (Commonly, to anyone regularly working more than 25 hours per week.) Therefore, if other full-time employees receive health insurance or paid time off, it is very likely that they have to offer those to your son, too (especially the insurance; employers may generally not discriminate in who receives health insurance). If other workers get those benefits, your son should consult with an employment law attorney to see if he has a claim for them, too.


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