Workplace Benefits Questions (including health and pension plans)

As an overall matter, employers should be guided in their relationship with their employees not only by federal employment law, but by their own employee handbooks, manuals, and contracts (including bargaining agreements), and by any applicable state or local laws.

Not all of the employment laws referenced apply to all employers or all employees, particularly state and local government agencies.  For information on whether a particular employer or employee is covered by a law, please use the links provided for more detailed information.  This information is not intended for federal agencies or federal employees -- they should contact the U.S. Office of Personnel Management (OPM) for guidance.

Topics on this page:

• Workers' Compensation
• Health Benefits/Health Plans/Health Insurance
• Pension Plans/Retirement

Workers' Compensation 

• If employees get pandemic influenza from contact with a customer or other employee, are they eligible for workers’ compensation?

Health Benefits/Health Plans/Health Insurance 

• Are employees still covered by the employer’s health plan if their worksite closes as a result of an influenza pandemic outbreak?

• If a worksite closes, how does an employee locate the plan administrator, or file a claim for benefits or obtain other documents such as certificates of prior coverage or replacement identification documents?

• What health options would be available to employees if a company closes?

• If the employer’s business is disrupted by the pandemic and health benefit payments are not being made on time, what should the employee do?

• Can an employer terminate or reduce employees’ health benefits?

• Can retirees’ health benefits be terminated or changed if their former employer is affected by a pandemic?

• A company is temporarily shut down and did not pay employees’ insurance premiums. Can the employees pay the premium to continue coverage?

• What if an employee covered under the spouse’s group health plan loses his or her spouse because of pandemic influenza and the spouse’s employer agrees to pay the premiums for health coverage for 12 months. What effect will that have on any future eligibility for continuation health coverage under COBRA?

• If an employee who has health coverage through a group health plan is laid off, will the employee be able to elect COBRA continuation coverage for himself or herself and his or her partner? (In this example, although the plan offers domestic partner coverage, the employee did not elect it for his/her domestic partner.)

• Where can employees get more information on health coverage options?

Pension Plans/Retirement 

• If an employer’s place of business closes due to an influenza pandemic, who should employees or retirees contact to file a claim for pension benefits or ask questions about pension payments?

• If a retiree’s pension payment does not arrive on time, what should he or she do?

• Can employees get money out of their pension plan if they need financial assistance?

• If an employer faces economic difficulties as a result of an influenza pandemic, can the employer terminate their pension plan, and if so, what happens to employees’ and retirees’ benefits?

Workplace Frequent Questions by Category:

• Human Resource Policies and Pandemic Planning

• Equal Employment Opportunity (EEO) and Privacy Issues

• Workplace Benefits

• Workplace Safety and Health Issues

• Unemployment Issues and Financial Assistance

• Private Sector Workplace Issues