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Employee Benefits

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Employee benefits are another area that need

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to be specifically addressed in your employment agreement.

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While it's not uncommon for the employment agreement

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to have a very general overview

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of items like health insurance

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and dental insurance, there are other areas

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of the benefit program that need to be specifically defined.

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For example, how many days

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of paid time off are you gonna be entitled

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to each contract year?

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Does your paid time off include both time you spend

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for vacation and for, uh, continuing medical education?

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Does it include any holidays that you may be entitled to?

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These are all issues that you want

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to be seeing in your employment agreement addressed.

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Uh, in addition to understanding like the number of days

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of paid time off, you need

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to understand if you're responsible

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for locating replacement coverage

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while you're out on vacation.

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And if you are responsible for that,

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are you also responsible for the cost of

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that replacement coverage?

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Finally, the last comment I wanna make about vacation

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and PTO is you need to understand

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how far in advance you need to request

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and schedule your vacation time.

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There are definitely times of the year that are more popular

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for vacation than others

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and you wanna make sure that you can actually get the

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vacation time that you're looking for

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and make sure it aligns with the other

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practice physicians that you're working with.

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There are circumstances where people take off

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for spring break or take long summer vacations,

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and you need to be sure that you understand

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how you get your request in

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and make sure that you can actually achieve that.

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In addition, if you have a practice

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of taking a vacation at a very specific part of the year,

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for example, you always take a family vacation in the first

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two weeks of August when you're negotiating the employment

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agreement, you wanna make sure that

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that vacation time is protected in the employment

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relationship so that you don't have to come back

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and have an awkward conversation

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with your employer about why you can't go on the family

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vacation that you've gone on for the last 20

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or 30 years of your life.

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Other key areas of employee benefits that you want

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to see addressed are your budget for CME, whether

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or not your practice provides maternity or paternity leave

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and what those policies are.

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You also wanna understand

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what expenses the practice may reimburse, uh, in connection

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with your employment and whether you know, for example,

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if there are moving expenses that you're gonna incur,

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you wanna make sure that you understand the practice

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policy for how that's handled.

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Retirement plans are another part

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of the key employee benefits

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that an employer provides his or her employees.

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This would include both profit sharing plans,

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401k ESOP plans.

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We'll get to that more in detail later,

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but you wanna understand what your rights are in terms

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of participating in these plans, whether

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or not they're investing terms.

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It is not uncommon for retirement plans

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to have a waiting period

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before you can actually start contributing

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and saving for retirement.

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These waiting periods typically will be six to 12 months,

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and you want to know the

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Outset whether or not you can participate in those

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terms of participation.

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You also wanna know whether

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or not your employer provides any matching

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or contributions to the retirement plans beyond those

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that you're making yourself.

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And then in addition to the matching

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or contributions that the employer provides you,

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you wanna understand whether

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or not there are vesting terms that you have to satisfy

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in order to actually get the benefits.

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It's not uncommon to see your one year, two year,

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three year terms of vesting on these retirement benefits

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that can influence your ability to actually retain those

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and it can influence your ability

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or your decision of whether

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or not you're gonna leave the employment relationship

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or the timing upon which you deliver

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notice to your employer.

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For example, you would not wanna deliver notice

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to the employer that you're gonna terminate an employment

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agreement without cause if you're coming up on a key vesting

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date on a significant amount

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of contributions the employer has made

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to the retirement plan.

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In addition to the retirement plans,

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you wanna understand whether or not the employer provides

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or pays for family coverage

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or single coverage under health insurance.

Report

Faculty

David M Yousem, MD, MBA

Professor of Radiology, Vice Chairman and Associate Dean

Johns Hopkins University

Mahla Radmard, MD

Postdoctoral Research Fellow

Johns Hopkins University School of Medicine

Bartholomew Dalton Esq.,

Senior Partner

Dalton & Associates

Judd A. Harwood, JD

Partner

Bradley Arant Boult Cummings LLP