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JoLam

Vacation/Holiday/Insurance

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Indiana - I work where there is nothing in writing regarding Vacations, Holiday, Insurance, basically any benefit and classification of full or part time.  I work as many or more hours than others that receive Vacation and Holiday pay, it appears they just choose who they feel are their key people and give them vacations and holiday pay, anyone who is not in their eyes a key person does not receive it.  I am not seasonal, I have worked there for 4 years.  They are considering offering insurance, but no one asked me if I was interested nor was I invited to apply, they have not as far as I know gotten any insurance as of yet, but I do not ask because this upsets them.  I had heard that they arent supposed to pick and choose who does and doesnt get vacations, holidays etc, but is there any law regarding this?  Thank you.

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You'd perhaps do well to contact state labor dept. Sounds like a small unsophisticated employer that wouldn't, say, set up a plan/trust situation that'd be covered by ERISA such that you'd inquire with the U.S. DOL's EBSA section.

You'd surely mention if you believed it were a matter of gender or race discrimination, for instance. Since employer isn't required to offer fringe benefits, chances are no law is being thwarted or ignored. To be sure, most companies wouldn't operate based on personal preference like this. Seems to me that those folks who allow employer to get away with non-standard policies only encourage it if they continue to work there.

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There are laws regarding insurance. There are none regarding vacation or holidays. As long as they do not violate Title VII and related laws, they may pick and choose who gets vacation and holidays any way they want. I'm not saying it's a good idea; I'm not saying it couldn't eventually create problems for them; I'm saying it does not violate any specific laws.No laws require any employer to offer vacation or holidays; for employers who choose to do so, there are no specific laws telling them how they must administrate them as long as they don't discriminate on the basis of race, religion, national origin etc.

 

Health insurance is a different matter, but until they actually implement a policy there's nothing for you to do about it. Failing to ask if you are interested is not illegal; nor is failing to invite you to apply for a policy that does not yet exist. When and if they implement one, if under the law (or the terms of the policy) you should be eligible and you are not offered it, there'll be plenty of time to deal with it then.

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So, why do you still work there? Your options are to try and negotiate a PTO package as apparently, your colleagues have done, or to find an employer who will offer such things. Are you actually an employee or an independent contractor?

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