{"id":4795,"date":"2016-04-04T10:47:45","date_gmt":"2016-04-04T15:47:45","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/employment-law-and-human-resources\/workplace-wellness-programs.html"},"modified":"2024-06-06T05:44:48","modified_gmt":"2024-06-06T10:44:48","slug":"workplace-wellness-programs","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/employment-law-and-human-resources\/workplace-wellness-programs.html","title":{"rendered":"Workplace Wellness Programs"},"content":{"rendered":"\n
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Workplace Wellness Programs<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last updated\n
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Editorial Note: We earn a commission from affiliate partner links on FindLaw. Commissions do not affect the editorial integrity of our legal content.<\/p>\n\n <\/div>\n \n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Employers have offered workplace wellness programs with employee benefits packages for decades. Since the COVID-19 pandemic, even more employers realize that employee well-being is critical to their success.<\/p>\r\n

One study found<\/a> that small businesses know the need for employee wellness programs. They can see the impact of sick employees immediately. Nearly half of the smallest companies in the study reported their employees had to work when sick. A third of those surveyed said that productivity declined at the same time.<\/p>\r\n

Few small businesses offer employee health programs. There are legal and psychological reasons for this resistance, despite how they might help the business’s bottom line. Small-business owners and human resources professionals can overcome these difficulties.<\/p>\r\n

See FindLaw’s Wages and Benefits<\/a> section for more articles on workplace benefits.<\/b><\/p>\r\n

What Are Workplace Wellness Programs?<\/h2>\r\n

Workplace wellness programs help employees improve their physical and mental health. They can be as complex as an on-site fitness center or as simple as offering healthy snacks in the break room.<\/p>\r\n

Some large health insurance companies offer wellness programs as a package with their insurance plans. The health benefits and reduced premiums can be a bonus for companies offering these plans.<\/p>\r\n

Other wellness programs can include health fairs, on-site fitness programs, or gym memberships. For small businesses, even health care brochures or smoking cessation support for workers can be helpful.<\/p>\r\n

Overcoming Workplace Barriers to Wellness<\/h2>\r\n

Many small businesses use shared or group insurance. This allows them to pool their costs with other small companies. There may be little or no reduction in health care costs, especially at first. This limited return on investment can make small or startup businesses hesitate before offering a wellness plan. Why start something with no guarantee of a payoff?<\/p>\r\n

A bigger stumbling block is a company culture of resistance. Workers know that physical activity and stress management are essential for good health. But with all the hustle and bustle of the day’s work, adding a workplace wellness challenge may be too much.<\/p>\r\n

Including Everyone: ADA Requirements and Nondiscrimination Rules<\/h3>\r\n

Your workplace wellness program must be inclusive. Whether you invest in weight equipment or encourage healthy eating habits, your plan cannot exclude anyone. Corporate wellness programs have more money and room than a 10-person office and can have programs to fit everyone. Smaller offices need to get creative.<\/p>\r\n

The Americans with Disabilities Act<\/a> (ADA) does not allow an employee with disabilities to excuse themselves from a planned event or program. A lunchtime walking program may seem like a good idea until you remember one of your workers has rheumatoid arthritis.<\/p>\r\n

Wellness vendors \u2014 HR consultants who offer health coaching for work sites \u2014 are a growing industry. They can review your employees’ health needs and create a wellness program that suits your business. Of course, these consultants may cost more than a small business can afford.<\/p>\r\n

Legal Issues Facing Wellness Programs<\/h2>\r\n

Your workplace wellness program should follow all federal and state health regulations. The Health Insurance Portability and Accountability Act (HIPAA) covers disclosures of health-related information. This law affects only protected health information (PHI) for health insurance purposes.<\/p>\r\n

Employers must avoid disclosing any sensitive employee information to anyone other than health care providers. For purposes of HIPAA, some information is not considered PHI. This includes:<\/p>\r\n