What types of employment benefits are required by law?
In Virginia, employee benefits are required by law and depend on the size of the employer. For employers with fewer than four employees, workers’ compensation insurance is mandatory for all employees. Employers with five or more employees are required to provide unemployment insurance to their employees. Employers with 15 or more employees are required to provide family and medical leave in compliance with the federal Family and Medical Leave Act (FMLA). This law entitles employees to take up to 12 weeks of unpaid job-protected leave for certain family and medical reasons. Employers who provide health insurance to their employees must also provide certain types of coverage as required by the Affordable Care Act. These include coverage of preventive care and screening, maternity and newborn care, and mental health services. Virginia employers must also provide all employees with certain types of leave, such as jury duty leave, military leave, and leave for victims of domestic violence or sexual assault. Employers must also provide equal pay for all employees regardless of their sex, and must abide by all state and federal anti-discrimination laws. In addition to the aforementioned benefits, employers may also choose to provide additional benefits to their employees. These may include vacation, sick leave, health insurance, 401(k) plans, and more. Employers should ensure that all benefits they provide are lawful.
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