§ 1039. Employee benefits

(a) An employee leasing company that offers employee benefit and welfare plans shall offer comparable benefits to each client company but is not required to provide comparable benefits to leased employees of different client companies.

(b) An employee leasing company that provides health insurance benefits to its leased employees shall provide those benefits only pursuant to one of the following:

(1) an insurance policy issued under 8 V.S.A. chapter 107 by an insurer or entity authorized to do business by the Commissioner of Financial Regulation; or

(2) a plan that has been qualified as a single employer plan under the provisions of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq., as amended.

(c) An employee leasing company and the client company shall be jointly and severally liable for protection or damages provided under laws designed to protect the health, safety, and welfare of an employee.