Ask HR: Do I have to offer the same benefits for everyone?

Dear HR,askHR

I would like to offer more vacation time and a higher level of insurance to my managers. Is it legal for me to offer different benefit packages to my employees based on their job classification or work duties?


HR Answer:

Yes. It is legal to offer your employees different benefits as long as you are not distinguishing between your employees based on a protected class such as disability, religion, gender, race etc. Some employers negotiate benefits with each new-hire based upon the employee’s prior experience and others will offer benefit levels based upon tenure.  It is a recommended best practice to have your benefits in a written policy format or in your employee handbook.


If you would like assistance updating your benefits policy or your employee handbook, please feel free to contact us.