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Company Liability of Document Translation
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Company Liability of Document Translation
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I am an employer in New York State. I have an employee who has adopted a child from Columbia. When I asked for the documentation to add the child on to his benefit plan, he provided the birth certific
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Forums » Topic Forums » Legal Forum » Company Liability of Document Translation
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Company Liability of Document Translation
posted at 3/9/2011 3:41 AM EST
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Posts: 16
First: 8/9/2007 Last: 3/9/2011 |
I am an employer in New York State. I have an employee who has adopted a child from Columbia. When I asked for the documentation to add the child on to his benefit plan, he provided the birth certificate and adoption documents; however, they were in Spanish. I asked that he get the documentation translated into English as my corporate office would require it in order to process the change to his benefits. He treatened to bring legal action against the company and stated that was his employer's responsibility to get the documents translated?? Is it my company's responsiblity to get the documentation translated?? |
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Company Liability of Document Translation
posted at 3/9/2011 4:57 AM EST
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
While I am not in NY, I would assume that it is highly unlikely that the employer has any obligation. In this country the official language is English and he can be required to present his documents in English.
Having said that, my recommendation is that you remove yourself from the middle of htis issue. The determination of whether or not this child will be covered and what language the documents are required to be in, is up to the Plan Administrator. Write a note to the Plan Administrator, send them all the details and paperwork you have received along with the employees contact details and ask them to respond. Also advise the employee what you have done and refer him to the plan documents/booklets and give him the contact information for the Plan Administrator so that he can contact them directly as well. This is not a employee relations issue but rather an ERISA/Plan Admin issue so let them handle it........... |
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