Benefits administration - what's mandatory and what's optional

Those in a company's benefits administration department should be aware of which employee allowances are required by law and which are optional.

Mandatory benefits include social security, unemployment insurance, workers compensation and up to 12 weeks of job-protected unpaid family and medical leave for reasons such as family care, a personal health condition or the birth of a child. Employers who don't offer these provisions can be fined or otherwise penalized by the United States Department of Labor.

Optional provisions include healthcare and disability insurance, life insurance, retirement and pension plans, flexible compensation and paid leave. Although many workers believe they have the right to a paid vacation, it is not actually mandated by law.

According to a 2011 World Tourism Organization study, the average American employee receives 13 days of paid vacation time. Research by consulting firm Ipsos found just 57 percent of workers take all of their available days.

Offering benefits such as paid vacation can be a powerful boon to companies in terms of employee recruiting. 

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