Why You Have to Avoid But, OK, Jerk, Lazy, and I Don’t Have Time
In yesterday’s Advisor, we began consultant Darlene Price’s list of 10 phrases that successful managers avoid. Today, the rest of the list.
Tag: benefits
EEOC: Pregnant Employees Entitled to Accommodation
Pregnant employees are entitled to workplace accommodations, according to new guidance issued July 14 by the U.S. Equal Employment Opportunity Commission. Because the Pregnancy Discrimination Act requires that employers treat pregnant employees the same as other workers “not so affected but similar in their ability or inability to work” — and because the Americans with […]
I Need to UNdesignate Some FMLA Leave; Is That OK?
What can you do if you discover that you’ve mistakenly designated leave as FMLA-qualifying? Several cases help point the way to the policy you should follow. Employer’s Promise (Designation) Must Be Kept Some courts have held that employees are entitled to FMLA protections based on representations made by the employer, even if the employer’s representation […]
Designating FMLA— First Place Employers Fail
When the employer has enough information to determine whether the leave is being taken for a FMLA-qualifying reason (e.g., after receiving a certification), the employer must notify the employee whether the leave will be designated and will be counted as FMLA leave within 5 business days, absent extenuating circumstances. The employer is always responsible for […]
Self-funded Plans and TPAs Affected by Top Court’s Hobby Lobby Ruling
The U.S. Supreme Court ruling that “closely held” for-profit companies can — on religious grounds — opt out of a federal requirement to provide certain contraception coverage is rife with implications for self-insured and other employer-sponsored health plans. The ruling is unlikely to lead to a wide variety of religiously inspired opt-outs, benefits attorneys held, […]
Workers Comp Lawsuit Thwarted by—Ants!
Imagine that you are repairing a roof and all of a sudden you are assaulted by ants. As you are trying to defend yourself, the rotting roof gives out, and you plummet through it.
Supreme Court Frees More For-profits from ACA’s Contraceptive Mandate
Closely held corporations with religious objections cannot be required to provide contraception coverage under health care reform regulations because that would violate the owners’ rights under the Religious Freedom Restoration Act, the U.S. Supreme Court today ruled in Burwell v. Hobby Lobby, No. 13-354 (Sup. Ct., June 30, 2014). The ruling could force the Obama administration […]
DOL Would Extend FMLA Rights to Same-Sex Couples
The U.S. Department of Labor has announced a proposed rule that would change the Family and Medical Leave Act’s regulatory definition of “spouse” so that an eligible employee in a legal same-gender marriage will be able to take FMLA leave for his or her spouse or family member regardless of the state in which the employee resides. […]
Employers Can Stretch Waiting Periods beyond 90 Days Using HHS’s 30-day Orientation Period
Employers now can get an extra 30 days on top of the 90 days by which employers must have offered health coverage to eligible workers, under new final rules on orientation periods issued by the U.S. Departments of Labor, Health and Human Services and the Treasury. The final rules, published on June 25 in the Federal […]
Insurer’s Recovery Rights Were Rooted in ERISA Docs in Spite of Plan Administrator’s Contrary Words
An insurer won recovery of health expenses paid from a member’s $255,000 settlement after said member refused to reimburse the insurer for medical payments it made. It did so in spite of an affidavit from the company plan administrator saying the insurer was not authorized to collect the funds from the member’s settlement proceeds. It […]