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Legal Issues and Workplace Wellness Programs

Legal Issues and Workplace Wellness Programs

Workplace wellness programs are benefits that employers offer voluntarily or mandatorily to their employees to promote wellness and fitness.  Employees benefit from these programs that encourage employees to quit their unhealthy habits such as drinking and smoking and take up exercise.

The benefits of the workplace wellness programs can be helpful for both the employees and employers, if legally implemented. Employees benefit by becoming healthier; thus, reducing the risk of having more serious health problems. As a result, employers will pay lower costs for health insurance. Employers can also receive larger profits because of the increased productivity of their employees.

There are two types of wellness programs. The first one is voluntary. This program’s implementation is at the employee’s discretion to participate or not. Usually, there are rewards and incentives given to the employees who will participate. The second is mandatory. This requires the employees to undergo the wellness program. Mandatory wellness programs often penalize employees who will not participate.

Although both the employers and employees benefit on the wellness programs, legal issues may still arise. The implementation of the workplace wellness programs must comply with the state and federal law. These laws or acts are Health Insurance Portability and Accountability Act (HIPPA), Genetic Information Non-Discrimination Act (GINA), American with Disabilities Act (ADA) and Age Discrimination in Employment Act (ADEA).

Health Insurance Portability and Accountability Act (HIPPA) requires the employers to keep the medical records of their employees. It is also their responsibility to keep their employees’ medical information private, only to use it in a legal way. Employees benefit from this because it allows equal opportunities and incentives for everyone who will participate in the wellness program.

Genetic Information Non-Discrimination Act (GINA) gives the employees the right not to disclose their genetic information. An employer must not request or require his employee to disclose such information. Medical family history is also included in the said information. Because of this, the employees are eligible to undergo the wellness program of their organization. They also have the right to receive the proper amount of insurance premium without disclosing their genetic information or family medical history.

American with Disabilities Act (ADA) prohibits the employers to ask their employees on their disabilities. The disabled employees benefit from this because they still have the right to participate in a wellness program voluntarily without any fear for punishment.

Age Discrimination in Employment Act or (ADEA) is applied to workers who are over 39 years old. This act does not permit the employers to discriminate their workers based on age. Every wellness program must be flexible on age and health conditions of their employees.

It is recommended for employers, who want to establish a wellness program, to hire an experienced professional who will guide them. Employees should understand the legalities involved in the wellness programs implemented in their workplace.

Contact us with any questions you might have on workplace wellness or other employee benefits.

Enhancing Your Wellness Program on the Cheap

Enhancing Your Wellness Program on the Cheap

A 2012 study conducted by Aflac, the largest provider of supplemental insurance in the U.S., found that many of today’s workers value workplace wellness efforts. In fact, 28 percent stated that company-sponsored tools to improve health and lifestyle yield greater job satisfaction. Other research has provided statistics on workplace wellness benefits for employers. One analysis of multiple published studies found workplace wellness programs result in an average 28 percent reduction in sick days. They also reduced health costs by 26 percent and workers’ compensation claims by 30 percent.

If you’re not achieving these types of results, it may be time to improve your workplace wellness program. Doing so doesn’t have to cost a fortune, either. Consider these enhancements you can make on the cheap.

Nail down a strategy.

As Benjamin Franklin once famously wrote, “If you fail to plan, you are planning to fail.” Haphazardly throwing together a wellness program without determining exactly what you want it to accomplish—and the best methods to use to reach those goals—is never going to be very effective. Instead, think about the biggest health concerns in your workplace (you may want to survey your employees) and create a three- to five-year plan to address them.

Spend for data.

While you can develop a workplace wellness program that doesn’t cost a dime, spending a portion of even a small budget on data collection can be worth it. For example, hiring a vendor to conduct screenings will help you establish a baseline on the health and fitness level of your employees. Periodic re-screenings will help you gauge their progress and target new areas for improvement.

Take full advantage of your partners.

If you’ve hired a wellness program provider, solicit his ideas and consider his recommendations. You’re paying for his experience and expertise, so use it. Tap into your other benefits providers—from health insurers to 401(k) managers—as well. As part of their service, they may provide free resources you can use to enhance your wellness program, such as online educational tools.

Use free resources provided by government and non-profit organizations.

For example, the U.S. Centers for Disease Control and Prevention has created the National Healthy Worksite Program, which you can access online. You’ll find information on training opportunities, training materials, and other tools and resources you can use when enhancing your workplace wellness program.

 

Make the most of key health areas.

If you want to get the biggest bang for your wellness dollar, focus on areas of health in which small changes often yield big results. These include increasing your employees’ physical activity and improving their nutrition. For example, you might encourage them to move more with daily-steps competitions, short exercise breaks or setting up an on-site gym. You could swap healthy snacks for junk food in the office vending machine, organize a company-wide weight loss challenge, or distribute a newsletter with healthy-eating tips and recipes.

 

Whether you want to fine-tune an existing wellness program to produce better results or have yet to add this valuable supplemental benefit to your company’s roster, I can help. Contact me today for more information on creating and managing your program.