HANDBOOK REVISION

Ethel · October 2003

Am still revising and need further help re COBRA, HIPPA, FMLA. Don't want to go into massive detail on these "lovlies" but know we need to have sections for them in handbook. Can summaries go into handbook and then state for further info see insurance pamphlet, or personnel, etc? What have others done? Can anyone share samples? Need Help!

Cynthia Calvert · November 2003

You're thinking in exactly the right direction -- all sorts of problems can crop up if your handbook says something different from your summary plan descriptions. Typically, , IF your company is subject to COBRA, COBRA should be mentioned about health insurance but in a very brief manner with a reference to more information being available in the insurance booklet and at the exit interview. HIPPA should be treated similarly. For FMLA, make sure you are subject to it (either the federal statute or a state statute), and then track the wording of the statute. There are some things you have to be careful about, however, such as defining the 12-month period within which leaves can be taken (12 months from the last leave? Calendar year? Anniversary date?), and whether you will require employees to use accrued vacation or sick leave concurrently with FMLA leave. You should also put up an FMLA poster, and have a written info sheet to give employees who request FMLA leave that explains things like the leave will count against his/her FMLA leave time, required medical certifications, any effect on benefits, any effect on accrued sick time, etc. Sample policies are available on the Internet. As with all policies, it would be a good idea to have an employment attorney who is familiar with your state's laws review it before you put it into effect.

Regards,
Cynthia
Note: The information provided in this response is intended for general education purposes only and is not legal advice.

HANDBOOK REVISION

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