crawfod
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You're probably within your rights if your policy allows it in this situation, but your attorney could best advise. I am going to assume that your STD plan has a waiting period before benefits begin, and you indicate medical documentation is requir…
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In my experience the key is how your health insurance contract reads as to when eligibility becomes effective. BCBS typically offers plans for "1st Billing Date" and "Give and Take". Eligibility can vary depending upon which option you take. Best…
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In my opinion, the law says that being eligible for Medicare is different than enrolling in Medicare. COBRA coverage must continue until the person is enrolled, not just if they turn 65. If you already know this person is enrolled in Medicare, I w…
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I work for a city government in Tennessee and we have 5 Permanent Part-time employees, who are eligible for benefits. All of these are considered to be 25 hour per week employees, so some benefits are fairly simple. A holiday would be paid 5 hours…
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And just to add to Pearce's post, since paying premiums is part of this, did you pay the old carrier for April? Combining payments plus the contract should result in coverage for your employee. You'll be a hero to your senior manager.
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A couple of thoughts. One, I would not attempt to manipulate any effective dates. You could end up jeopardizing any legitimate claims by falsifying dates, and honesty is always the best policy. Plus disability carriers almost always rely on docto…
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Paige, so the daughter was a full time student and also a full time benefit eligible employee at the same time? Interesting! Must have been tough going to school full time and then working assumably a full workweek. Do Section 125 plans normally …
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I'm curious as to how old the daughter was when covered by her mother? Under most health plans once a dependent reaches age 19 and is no longer a full time student, they become ineligible to be covered as a dependent. Unless you employ minors, if …
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This sounds like you are considering only one flat amount your employer will pay per employee, regardless of dependents? So, if you have a two-tier plan, then the employee with dependents would pay 100% of the difference? I know all employers are …
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I don't have access to a policy, but my former employer offered retiree health insurance, and it was certainly a condition that if they ever waived or dropped out of the plan, they would NOT be allowed back in. This was a major corporation with lot…
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City employer 270 employees. City pays 100% for employee coverage, 75% for Emp/Family, 70% for Emp/Spouse, and 68% for Emp/Child/ren. As we all know, the highest cost is in the Family tier level, so lowering the 100% given to employees to, say, 90% …
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STD plans I am familiar with generally require 6 months employment, have waiting periods ranging from one week to 30 days from the date of disability, and pay 60% of the base salary for approximately 6 months with caps that usually only affect the h…
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I suggest you research the COBRA rules as they relate to Medicare. First of all it is rare for an eligible Medicare person to WANT to pay the premiums that COBRA and you provide. Secondly, COBRA does not typically cover Medicare eligible persons a…
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The main FMLA requirement is to continue to provide fringe benefits, but it is the employer's choice as to collecting the employee's premium share. Treating all employees the same makes the most sense, but since each State has their own WC rules, y…
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Geno, my heart agrees with your sentiments. However, technically speaking, the employer would be paying health insurance premiums, vacation, sick leave accruals and other benefits, perhaps dealing with replacement issues, etc., so there is a cost fa…
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Thanks, CRS8383, but I don't have access to that website. I have a fax # 615-451-5918, or my email address is [email]dave.crawford@gallatin-tn.gov[/email], but don't feel you have to go to such trouble.
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Sorry for not replying sooner, but I wanted to hear from the DOL. Their opinion was that a written resignation PRIOR to an FML request would be grounds to deny the leave. However, they could not give me a written statute to back that up. They agr…
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I too am late on this thread, but our City government has had what we call Workers' Comp Leave Pay for over 25 years. Basically, we provide leave pay for employees injured on the job for up to 3 months, less any benefits received under WC, provided…
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Maybe "appeal" is not the right word, but in my original post I believe she has the right to file a complaint with the Secretary of Labor. Hopefully that will not be necessary. Has she seen two doctors, the ER doctor and then a second doctor? If …
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I assume she also met the 12 month employment rule. Sounds like you're on solid ground with the medical info you have so far. She doesn't meet the serious health condition lasting more than three days, per the doctor's note. Are you charging her …
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I copied and pasted this from the dol website, which seems to be the answer. As you can see, denying a claim has serious repercussions. Can you share with us your situation? 29 CFR 825.400 - What can employees do who believe that their rights un…
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Unless this employee has a lot of vacation time or your firm has a unique benefit, does he realize this 10 weeks would be unpaid? Also, in some organizations, while health insurance is usually guaranteed, STD/LTD and Life Insurance, etc. benefits o…
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My interpretation of FLSA is that the employer is not required to pay any portion of the employee's "salary" for full-day absences due to sickness or disability, BUT the exempt employee must be eligible for "compensation" under some kind of plan, po…
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I think the key to any pay for performance plan hinges on clearly communicated, measurable, attainable, and realistic standards for employees that competently trained, non-biased, fair-minded supervisors can administrate. There's nothing worse than…
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You have to make your own decision on this memo of protest, but from what you've laid out, I'd probably not pursue it. The Board has already made their decision, your boss says to let it go, your acting ED is hesitating, who knows how the new ED wi…
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Our City Personnel Rules apply only to what we call "Classified" employees. Each of us "Non-classified" employees (Dept Heads) are not literally subject to the rules. However, it is generally expected that we are subject to the same guidelines as …
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In your situation, no pay beyond date of injury. That being said, we are one of very few employers who do supplement whatever our WC carrier does not pay. That means we pay 100% for lost time from the first day off, and when WC pays the 2/3, we pa…
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For us, if 12/24 falls on a Sat or Sun, we take the preceding Friday; if 12/25 falls on a Sat or Sun, we take the following Monday. For employees who have to work the holiday, we allow another day off either the month before, month of, or month aft…
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I don't think the bank account method will work, certainly not for long, because if it was my account garnished I would withdraw my funds and not deposit any more. In a town your size, it would seem tempting to have some official (Constable?) pay a…
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Sorry for your stress. Can you save the voicemail or at least write it down verbatim? You'll probably never hear from him again, but this type of response should be saved, just in case. As to not sending the letter, you may be right, but then agai…