“Discretionary and Legally Required Benefits”

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  • Discuss whether or not you believe that discretionary employee benefits should be an entitlement or earned based on performance. Justify your response.
  • Select two (2) legally required benefits and explain why it is necessary for the law to require these benefits for employees. Next, debate whether or not you believe these laws are fair for both employers and employees. Provide support for your response.


Discretionary benefits are not mandated by law. Therefore, if an employer offers these benefits it is considered a plus. My employer provides these extras based on performance along with successful completion of three months probationary period. There are pros and cons of having these bonuses available upon hiring or based on performance. I believe employers should offer discretionary benefits based on entitlement. This strategic move can be appealing to potential candidates and viewed as an investment into their future with the employer. Companies should also be selective on what specific discretionary benefits are offered. Doing so can give the company a competitive advantage.

-Family and Medical Leave Act (FMLA) provide certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave. I believe this benefit is fair to all parties. It allows the employee to have extended time away from work to address medical issues for themselves or family members.

-Occupational Safety and Health Act (OSH Act) to assure safe and healthful working conditions for working men and women. This law is also a benefit to all as it sets the guidelines for assuring safety in the work place.

Employers can offer a financial health plan which is a program that is designed to help workers deal with financial stress and financial planning. Educating employees on the importance of having good spending habits, saving and investing. This type of discretionary benefit can help workers to manage various aspects of financial wellness; resulting in less stressed and better performance from employees.


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