The WorldatWork Handbook of Compensation, Benefits & Total Rewards: A Comprehensive Guide for HR Professionals

Chapter 19. Worker Privacy, Unpaid Leave, and Other Benefit-Related Laws That Protect the Individual

A complex web of overlapping and sometimes conflicting federal and state laws create an ongoing challenge for human resource professionals. Government regulation of benefits plans:

• Mandate certain benefits and basic protections (e.g., the Fair Labor Standards Act, the Family and Medical Leave Act, the Occupational Safety and Health Act, and the Worker Notification and Retraining Notification Act).

• Prohibit discrimination (e.g., Title VII of the Civil Rights Act).

• Protect worker privacy (e.g., the Employee Polygraph Protection Act and the Health Insurance Portability and Accountability Act) and even whistleblowers (e.g., the Whistleblower Protection Act).

• Impose constraints on the conduct of collective bargaining (e.g., the National Labor Relations Act).

The following discussion emphasizes the legal requirements of employers pertaining specifically to worker privacy (HIPAA), unpaid leave (FMLA), and other legislation that protects the rights of the individual.

The Health Insurance Portability and Accountability Act of 1996 (HIPAA)

Title I: Group Health Plan Portability

Title I of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) amended Title I of ERISA, the Internal Revenue Code, and the Public Health Service Act (PHSA) to impose new requirements on employer-sponsored group health plans, insurance companies, and health maintenance organizations (HMOs). These rules include ...