Employee benefits are an important aspect of an employment package. Besides wages, benefits help employers attract and keep qualified employees. Employers offer two types of benefits to employees as a form of compensation: required benefits and optional benefits. If you believe your employer is not providing you with the benefits you deserve, or were promised, our experienced employment lawyers can help.
Our expert employee benefits lawyer can help you ensure that you get your due compensation from the employers. The California state and federal laws mandate employers to offer retirement benefits, time off, social security, and many other benefits to their employees. Call us to talk to an employee benefits lawyer and get legal advice regarding employee benefit issues throughout the state of California.
Required Employee Benefits
Required benefits are those that the employer must provide, such as social security and workers’ compensation. Federal and California law impose different requirements on employers who must provide benefits to employees.
Social Security Benefits
All salaried income, up to a specific amount determined by law, is taxed to provide retirement benefits. Social Security is a federal program funded through payroll taxes. For workers the Social Security tax rate is 6.5% on income under $118,500 through the end of 2015. Employers must pay taxes to Social Security in the same amount that employees pay taxes.
Another required benefit is paid medical leave under the federal Family and Medical Leave Act. (ß link to medical leave page here) This benefit is only required for employers with 50 employees or more. The act allows employees up to 12 weeks of job-protected, unpaid leave during any 12-month period. The leave may be used for a variety of reasons, including birth or adoption of the employee’s baby; care of an ill family member; or care of oneself following an illness..
California has two laws that are similar to the Family and Medical Leave Act. Again, these laws only apply to larger companies, with 50 employees or more. First, the Paid Family Leave provides up to six weeks of paid benefits when an employee cannot work because he or she needs to care for a loved one or bond with a new child. Second, the Family Rights Act provides up to 12 weeks of unpaid leave to provide care under conditions similar to the Family and Medical Leave Act.