Wellness Works, But Beware of Legal Landmines

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Employee Wellness Program?

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As employers search for ways to reduce skyrocketing health care costs, the idea of implementing an employee wellness program seems like an appealing idea. But employers should be aware that some wellness programs can run afoul of federal and state laws in terms of reasonable accommodation, privacy, confidentiality of personal health information, and protection of off-duty conduct.

Wellness programs encourage employees to adopt or maintain healthy lifestyles - or at least take the first steps toward learning about healthy alternatives. Healthy employees mean employers can lower their healthcare costs along with adding additional benefits such as increased productivity, fewer workers’ compensation claims, better attendance, and improved morale.

But, employee wellness programs must be carefully crafted. For example, a wellness program that offers financial incentives to employees who walk a certain number of miles per week may discriminate against employees whose disabilities preclude them from reaching the target number. When developing a program, therefore, employers must be aware of the legal requirements that may impact their decisions and offer reasonable alternatives. Employers should have their legal counsel review a wellness program before it's presented to employees.

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As the laws in different states on Human Resources get more complex, keeping current can spell the difference between success and disaster for your business. The HR.BLR.com editorial staff monitors a host of private and government sources to keep you up-to-date on all the important human resource developments.

The HR Library has more helpful wellness program resources like these:

Potholes on the Road to Wellness Programs

Financial Incentives for Wellness

Should Smokers pay a Surcharge?

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