LarryC
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Here in the Land of 10,000 Lakes and Enough Lawyers to Fill Them All, it seems as though there has been some lap-sitting, judging by the reprimands from the Supreme Court. OK, for your enjoyment, the definition of a lawyer: One who protects his/h…
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If I interpret your distinction correctly, you're saying that Steve should not be giving any benefits advice as it relates to the former employer. I agree. Leave it alone. You don't know how the former employer will handle it. But even if Steve were…
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David, HR professionals are using regulations, laws, statutes, court cases, and legal interpretations everyday in the course of carrying out the HR function. If Steevo were to rely on the regulations and apply them to his decision to administer his …
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vphr, where in the regs would one find this?
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[font size="1" color="#FF0000"]LAST EDITED ON 01-31-06 AT 02:59PM (CST)[/font][br][br]From what I can see in the regs, the employee would lose COBRA once the employee becomes COVERED under another group plan. Becoming "merely eligible", as the regs …
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I agree with Mushroom. I would wait for the COBRA "event" to happen first.
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Hey Paul, First of all, if your initial COBRA notice is up-to-date, it indicates that it is the employee's responsibility to let you know of a qualifying event such as divorce has occurred. Apparently it is OccurrING. Once it is final, the divorced…
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Welcome back, Jolene.
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Well, jmcaa, it looks like we have some different interpretations to iron out here. First of all, your 1st paragragh has me confused. A terminated employee can't keep his/her FSA going anyway, unless they elect COBRA. Secondly, while under COBRA, t…
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Since an FSA is an insurance plan and NOT a savings account, COBRA must be offered. They do not have to pay the remainder of the funds because COBRA can be dropped at any time. Why an employee would want to continue FSA on COBRA, I don't know. Their…
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Excess money left after the claims deadline goes back to the company. This supposedly offsets the money that the company paid out in claims, but the employee left before the company could recoup the money to cover the claims. It never comes out even…
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I agree with Marc and would add another option that you apparently qualify for: Health Savings Accounts.
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In the first case, the employee would have to furnish the carrier information from his/her doctor showing that the employee has a legitimate claim for that 5th week. In the second case, there is no way that the carrier can determine whether the emp…
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I don't have any Benefit Specialists to fire. These are the benefits people (lawyers) working for the insurance companies that we deal with.
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What I'm leaning toward doing is this: None of our insurances cover individuals when they enter active duty. So he has told me he really doesn't want to pay for insurances if they won't cover him. I agree. I will let him fill out the enrollment form…
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On Oct. 2nd he would be offered COBRA after signing up on Oct.1st...if he were here.
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Sorry to let you down, Lenetta. I would have used your suggestion except there are only 9,000 and I thought it unfair to our steller legislative herd to scorn them any more than what I already do.
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Sheila, that will depend on your state regs. You should find that there are different rules for employees who quit vs. employees who are fired. Here in MN the rules vary by occupation also. Hopefully CT isn't as screwy as this state. That said, here…
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AE Roberts does an excellent job on their seminars for FMLA, HIPAA, COBRA, and any other forced acronyms the government blesses us with.
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[font size="1" color="#FF0000"]LAST EDITED ON 08-11-06 AT 09:25AM (CST)[/font][br][br]Welcome, HR in AL. First I would hold them to what the doctor's documentation says he can do and, unless that changes, his absense is unexcused. Your carrier will …
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Hopefully you've documented her RTW performance. That said I think you have two choices: 1. Continue to focus on her performance, document accordingly and issue the appropriate warnings and then terminate. This choice accompanies the fact that you …
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[font size="1" color="#FF0000"]LAST EDITED ON 07-31-06 AT 02:33PM (CST)[/font][br][br]Is the reason she cannot work the 5th day because of a business slowdown, or because she doesn't "relate" well? If the former would have been the case whether she'…
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Looks like everybody is in agreement.
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I would say that when she has worked for you for 12 months AND she has worked 1250 hours during the 12 month period prior to to FMLA leave, she would qualify.
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Thanks for clarifying, Irie and Viv. Since we don't have a company doctor, I just give the WH380 back to the employee and tell them the doctor has to fill this out completely and correctly for FMLA to be granted. It works.
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Viv, I've found that using the USDOL form #WH-380 for medical certification satisfies any need I have. If doctors or clinics need to "talk", they will usually have their own forms. Under what circumstance would doctors from either "side" need to c…
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I agree with Linda. It can be tough, especially with the HIPAA stuff hanging around our necks like Jacob Marley's chains. Sometimes I feel like I'm "forcing" FMLA on people. As Linda said, educate the EE's the best you can as to their options and …
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[font size="1" color="#FF0000"]LAST EDITED ON 07-25-06 AT 03:56PM (CST)[/font][br][br]You would still have to convince your w/c insurer to accept the claim. But as James says, the "w/c only" remedies can be a lifesaver should you get sued. It depen…
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From what I've read of similar cases, you have a good chance of your denial sticking. Precedent seems to be on your side. Good luck. Stupidity happens when one chooses to ignore the consequences of his/her actions. By the way, and just out of curio…
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Missie, you still have the 12 weeks of accumulated time off as a limit though, so there is some light at the end of the tunnel.