skyrocket
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Based on conversations with our benefits attorney, the following was suggested for "distribution" to current employees: No special or separate mailings are required to satisfy the notice distribution requirements. The Privacy Rule allows employers …
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It sounds like they are driving with a commercial drivers license? If so, federal law requires drug testing and other things. Try the following DOT websites: DOT Safety Regs Menu [url]www.fmcsa.dot.gov/rulesregs/fmcsr/fmcsrguide.htm[/url] Also …
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What a dissappointment that a DOL speaker provides innaccurate information. Having attended seminars, however, it is possible that there was a question that the speaker was answering that was taken out of context or not understood. My information …
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This sounds like a disability protected by ADA since it affects a major life function (walking). You have a duty to evaluate "reasonable accommodation". That would include the ability to move the employee to a downstairs office. You need not prov…
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Employment records are not subject to HIPAA. HIPAA applies only to records maintained for and by your HEALTH PLAN.
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Normally, ERISA governs health benefit plans. ERISA is federal and dictates how benefits are offered. ERISA (as concerns health plans) does not have a requirement of equal benefits for different classes of employees or sister companies. ERISA law…
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[font size="1" color="#FF0000"]LAST EDITED ON 07-28-03 AT 12:01PM (CST)[/font][p]You should also consider whether the policy will be employer paid or employee paid. If the premiums are employer paid, benefits are considered taxable income. If the …
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Hi: I opened the website and it is complete (no missing pages). Some pages are blank because it is a brochure. Tip: When at the site, do "Control/End" to get to the end of the document. It is quite long and a pdf and loads slowly.
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I was looking for some COBRA stuff on-line and came across this... [url]http://www.dol.gov/ebsa/pdf/cobra99.pdf[/url] It is the DOL's COBRA guide.
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Hmmmm....I don't know what is out there as I learned all my COBRA stuff when it first came out and have updated my knowledge as new things were added to the law. Perhaps someone else has a handy "how to do" guide...
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[font size="1" color="#FF0000"]LAST EDITED ON 07-22-03 AT 03:40PM (CST)[/font][p]There are numerous "notification" events. 1. Initial notice (don't forget to send this if an employee acquires new dependents after his/her initial enrollment date). …
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Hello again Scottor: If you have a tax-qualified retirement plan (such as 401(k), ESPO, etc.) you must have a Fiduciary Bond in place for this plan. I am not aware of any requirement to have a bond for a health benefit plan - particularly if your…
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I had heard that this was in the proposed stage - inviting comments. Check this website...[url]http://www.dol.gov/ebsa/pdf/fs052803.pdf[/url]
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Perhaps it was just an oversight, but I would never use the term "become permanent" - especially if you use that word in communicating the status change to the employee. If you use that bad word "permanent" either in writing or verbally, you could …
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Since the ADA considers HIV status to be a protectecd characteristic making presumptions about the effect of the disease violates ADA. The quandry here is weighing the requirements of ADA against potential safety issues. Do you have a Bloodbourne …
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I think you can just use a short sentence - something like any period of time that can be considered FMLA leave will be considered FMLA - inluding absences for work-related injury or illness.
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Actually DonD, it WAS related to a failure to designate a leave as FMLA and not the absence of a policy. The employee in question was on leave for 7 months (of which 12 weeks was considered FMLA). They hadn't notified her of this fact and she soug…
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A US Supreme Court ruling (2002) eliminated the requirement by the US Department of Labor that Federal Family Leave MUST be designated in writing within 2 business days. What this meant in some states is that the written designation at the time of …
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Last year the WCAB in California issued a ruling permitting employers with ERISA plans to terminate employees from the group health plan without fear of being considered as having "retaliated" against the employee. But in order to do so, you must h…
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As you know, the FMLA eligibility period is measured as of the date the leave is scheduled to begin and is based on either a calendar year, fixed year (such as fiscal or anniversary date), 12-months measured forward (i.e. 12 months from the date a p…
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If the indidivual is "employed" at an eligible branch, he/she is part of the workforce comprising 50 or more. Sales people would be in a similar situation. They work offsite (usually) but are employed by one location.
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[font size="1" color="#FF0000"]LAST EDITED ON 07-21-03 AT 01:28PM (CST)[/font][p]While driving the spouse to the doctor and providing her care and comfort can be subject to FMLA, pre-natal classes do not. The purpose of these classes is not a serio…
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I agree with LindaS.
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OK, so the reason to not let her return on day 35 would be because she was termed on day 31. No problem. You can invite her to reapply SUBJECT TO AVAILABILITY OF A JOB POSITION FOR WHICH SHE IS QUALIFIED. If rehired, she may be eligible to reinst…
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If you have more than 15 employees, ADA has to be at least considered. It is not applicable in all cases. The law is so ambiguous and subject to case by case consideration that there is really no way to know for sure. I always recommend that it b…