Benefits & Leave

Creditable Coverage Notice for Medicare

3898931 — Thu, 19 Nov 2009 20:11:38 GMT

Does anyone issue the annual creditable coverage notices to individuals eligible for Medicare Part D? I'm probably just making things difficult, but I'm really struggling through reading the CMS overview.

401k Partial Plan Termination

MNHR952 — Tue, 06 Oct 2009 16:09:53 GMT

Have any of you had to notify former employees of the 100% vesting because of partial plan termination? If so are you willing to share your letter with me? Thank you in advance.

Benefits Enrollment Question

mzihc — Sat, 31 Oct 2009 06:14:57 GMT

Located in California, with corporate office in Florida. 3-4 employees in Fl, the rest in California. Total size : less than 50.

Our handbook describes a full time employees as “Regular Full-time Employees are normally scheduled to work 40 hours per week.”

To date we have offered all full time employees benefits upon hire – no waiting or probationary period.

Our corporate office doesn’t always share information with CA in a timely manner. They hired a receptionist full time about 3 months ago and we didn’t even know for 1 month or two.

Last week I rec’d an email asking that I send the receptionist our benefit information as “she had passed her 90 day probationary period.”

We haven’t had a probationary period for any other employee and she was hired on 3 months ago – not a temp.

I sent the receptionist all the appropriate paperwork but....

Our healthplan (I didn’t get into vision or dental its similar) is set up with a 0 day waiting period. Enrollment is supposed to occur during the month of hire, effective the month following hire. (EX. Hired Jan 15, eligible for Feb 1 effective date)

Somebody help me here – if her hire date was, say Aug 1, I understand the only time I would have been able to enroll her would have been between Aug 1 – 31, and now she is no longer eligible and will have to wait until open enrollment (which for us is next July.)

Correct? Incorrect? Comments?

Intermittent FMLA Absue

Deldra — Thu, 01 Oct 2009 14:31:55 GMT

We have a Certified Nursing Assistant (CNA) who is currently on an intermittent FMLA. In checking her attendance records since January 2009, she has a pattern of calling out on Fridays – not every Friday – and some Mondays which would give her four days off if she is not scheduled to work on the weekends. I know I can request a recertification – in connection with an absence – every 30 days. I also know that according to the new regs, I can speak with her doctor and submit attendance records to determine if the employee must be off work on Fridays and/or Mondays. However, my guess is he would say that based on her condition, she may need to call out but not necessarily on Friday or Monday.

If that’s the response, what recourse do I have? Even if I speak to the employee, talk about the “pattern of absences” and she continues to call out, what can be done?

Changes to Holidays

mzihc — Tue, 17 Nov 2009 22:19:50 GMT

Less than 50 employees, Majority of employees in state of California, with 3-4 in Florida.

Our handbook notes that employees receive 7 holidays a year and specifies those, including New Year’s Day. We also offer two floating holidays which may be designated by the company when setting each year’s holiday calendar. Also states holidays falling on Saturday will generally be observed Friday, those on Sunday generally observed Monday.

While I understand that the holidays are not mandatory in CA, they are outlined in the handbook and offered as one of our benefits.

An email was sent out today from FL corp. noting the 2010 holidays, and designating the two floating holidays. It is their intent to designate each year’s floating holiday’s moving forward. Our handbook states these may be days designated by management,

The 2010 calendar ends with designating Friday, December 31, 2010 as a holiday. Based on the total count this was designated as a “floating holiday”.

It was then brought to me by a number of employees as to whether or not Monday, January 3, 2011 would then be our “New Year’s Holiday” for 2011. Otherwise, they were concerned that for 2010 they were short a day. I.E. Friday counted for a floating in 2010 and a designated holiday in 2011 – counted twice.

I brought this up and was told that Monday Jan 3, 2011 would be a business day but that the total for the year would remain 7 holidays + 2 floating. A subsequent email was sent to employees saying this. And that 2011 dates would be provided later next year. So although New Year’s is designated in our handbook, that day would be used instead say for a previously not-celebrated holiday such as Martin Luther King day.

I believe we are within our rights to change I think. So I’m looking for help on confirming that and also concerned about whether or not this needed to be handled differently- the boss’ take is that email is the official amendment to the handbook. I can handle the change but think its appropriate for morale to provide advance notice and try to do it right but I’m not sure what is the correct way.

Comments, direction, etc helpful.

COBRA Subsidy

garohde — Mon, 16 Nov 2009 20:23:14 GMT

I have an employee that was terminated and elected COBRA which was eligible for the subsidy. He then became eligible for Medicare, but his spouse continuted coverage as a single. I believe she is eligible for 36 months of continued coverage, but is she eligible for the reduced premiums?

FMLA-Tracking Template

mhelton4474 — Fri, 20 Feb 2009 21:14:18 GMT

I was hoping some of you would be willing to share your FMLA Tracking Template/Spreadsheet, etc. for those of you that administer FMLA in house. You can email me directly at mhelton@wallacethomson.com

Thank you in advance.

Blue Cross Dental Blue PPO

HSH38 — Tue, 10 Nov 2009 15:20:54 GMT

Does anyone have experience using this plan? I'm finding that the network of dentists isn't very good.

FMLA and Salary Increase

CarolL1999 — Wed, 11 Nov 2009 16:37:50 GMT

Actually, this is a two part question. We have someone who went out on maternity leave two months after hire, for six months. Our annual review process is in December, which means she will have been back for two months.

I know because of her short tenure she is not protected under FMLA, but my questions are:

How would you handle under the situation as described? Would you delay her salary increase, for six months, for example?

How should the situation be handled if she were eligible for FMLA? We give a standard merit increase to everyone except for those who get more or less, for performance or promotion reasons, is she entitled to that even though she has been out on FMLA leave? I think I remember reading that she would be.

Thanks,

Carol

FMLA Tracking Sheet

6420959 — Thu, 21 May 2009 14:55:11 GMT

Hi, Everyone -

I've just joined BLR, and was skimming thru the threads on the HR Forum. I saw quite a bit of activity on FMLA tracking sheets, and would really appreciate a copy of the forms other folks are using. I have a very basic form in Excel, but I don't really care for it. We've had quite a few FMLA episodes lately, so I need to refine my processes.

Thank you!
Karen

Benefits Renewal - HRA or not?

HSH38 — Tue, 10 Nov 2009 15:19:19 GMT

We are looking at offering an HRA for our medical renewal effective January 1st. If we offer this plan, the overall increase to the health care plan is only 1.6%; however, the administrative fees for the HRA plan is extremely high as they charge a monthly "employee usage" fee and annual administrative fees. I'm curious about others experiences have been with an HRA, the costs to the company, and the general pros and cons.

House Health Care Bill

IT HR — Fri, 06 Nov 2009 12:19:25 GMT

Here is an article I found that talks about the impact on employers.

http: // employmentlawpost . com/hrnews/2009/11/03/house-reveals-health-care-reform-legislation/?HLR

Some key things here:

1. Penalties for employers that don't offer insurance.

2. Changes to HSA (and other similar plans) in terms of what is an allowable expense under the legislation

Long Term Disability

PT — Wed, 21 Oct 2009 21:14:51 GMT

My company is located in Arizona. My question is regarding Long Term Disability. We have a highly compensated employee that recently went from short-term to long-term. The company pays all premiums for STD and LTD. The question we seem to be having trouble getting a clear answer on is who does the W2 form for LTD - can it be either us or the insurance company that carries our LTD? Are we or the insurance company responsible for filing tax forms etc? At first we were under the impression that the insurance company took care of everything once an employee went to LTD. Thanks in advance for all replies!

Term Life

ddnicole — Fri, 30 Oct 2009 13:43:23 GMT

As an Employer do I have to offer my employees Term Life?

Insurance renewals

782264 — Thu, 29 Oct 2009 17:13:28 GMT

Looking for any creative ideas that anyone is doing for medical or dental insurance renewals. Not sure the percentages of increases but we were hit with a 34% increase and several carriers refusing to quote us for the 2010 year. We currently offer a PPO plan and an H.S.A for medical. Any input is greatly appreciated.

COBRA Subsidy and dependents

gi_janearng — Fri, 23 Oct 2009 16:49:20 GMT

Just when you think you have all your COBRA questions answered...another situation pops up!

Can someone clarify for me what happens to dependents of the AEI receiving the subsidy when they no longer are considered a dependent? Are they only allowed to be on COBRA at the 100% rate or are they eligible for the subsidy under their own election once they lose dependent status? Thanks!

Friday after Thanksgiving

6345929 — Wed, 28 Oct 2009 17:07:53 GMT

I am having an issue with determining how the law states whether a company is open for business or not. We are a small private company in Florida (around 65 employees) and like most companies we get Thanksgiving Day off as a paid holiday. However the big boss does not want to pay employees for the day following if they take it off, which is perfectly fine and legal. I understand that.

The big controversy comes in when we get technical on whether we are open for business on that day or not.

Basically we are a Greenhouse and all of our production employees (i.e. ee's that work with the plants) are exempt from getting paid the 1.5 hourly rate for working hours over 40 in any given week. (*I know what your thinking, but we are covered under the agricultural exemption under FLSA. I don't agree with it but it's legal.*) They normally make an arrangement where they work an extra 8 hours the week prior to take that day off. So, there is usually not anyone working in the Greenhouse on that day and the shipping department does not usually ship on that day either. This works out fine for management and the employees.

Then we have our office employees, which are non-exempt hourly employees and exempt salaried employees. The option of working an extra 8 hours the week prior is not an option for us. We are told that if we want the day off then we have to take it off unpaid or against our vacation leave. Hypothetically this would not be a problem except that there is never anyone here on that day. No receptionist to answer the phone, no manager to manage, no sales department to sell.

The controversy mainly involves the exempt salaried personnel.

So my question is this: Can we technically call ourselves open for business if there is no one here to conduct business? Management would like to think so. My position is that if no one is here then we can't call ourselves open for business.

Thanks in advance for all of your input.

FMLA

6375839 — Mon, 26 Oct 2009 22:21:33 GMT

Is there any requirement in the FMLA that the ee has to be able to perform the essential functions of the job as there is in the ADA? If someone is scheduled to work 5 days a week but has certification that flare ups to a condition (life long) may cause them to need to be absence once a week for a full day, but they are the only person that performs this duty that takes 3/4 of every day, and no other positions are available for transfer that would better accomodate the situtation, what are our options.

Company Closure during Holidays

PT — Wed, 28 Oct 2009 15:10:35 GMT

Our owners have decided to close the office during the week of 12/28 - with an exception--if an employee has "billable" work to do they can work. Otherwise, staff must take PTO or if they do not have PTO, they will be off without pay. My question is...what about exempt/salaried staff...do we have to pay them their regular salary OR can we force them to take PTO? (Arizona company). Thank you!!

Young adult (to age 29) NY law change

6274086 — Thu, 22 Oct 2009 15:24:12 GMT

Is anyone else as frustrated with the pace this law change has taken? Effective September 1, 2009 NYS issued regulations stating that insurers needed to cover unmarried young adults under age 29 and for the last 8 weeks Oxford has told me they are working on getting this up to date in their systems but in the meantime I have severals young adults pended in their system unable to get coverage. Does anyone else have this issue and is there anything we can do to get them to make this a priority? I don't understand why it is taking so long when our surrounding states already offer this.

Caregiver of Grandparent & FMLA

3898931 — Wed, 21 Oct 2009 18:31:40 GMT

If an employee is the primary caregiver of an elderly grandparent, is that employee eligible for FMLA to care for the grandparent when they become seriously ill?

posts

PT — Fri, 23 Oct 2009 18:23:48 GMT

Why are my posts grayed out and replies gone?? I didn't get the chance read replies on my LTD post??

Thank you!

Exempt and PTO not yet accrued

HRBeth — Mon, 19 Oct 2009 16:22:04 GMT

I've read many threads but can't pinpoint an answer to this...

Our exempt status EEs earn PTO after 1 year. Up to that point, if they work 4 days/week and call off sick day #5, are we required to pay them for that day since they are exempt? (Ohio)

My mgr usually pays them since the are "salaried." But on the other hand, we have an EE who has used all his accrued PTO plus an additional amount of days off that he was paid for, but now any more days he takes off is "not to be paid." There has not been a 'limit' set but mgr says it's running into the "abused" state.

Why have PTO (and go through the burden of 'keeping track') if we are going to pay them anyway!?

Thanks for any comments!

HRBeth

Wellness Incentive For Employees Not Enrolled In The Health Insurance

HRFLDist — Wed, 21 Oct 2009 12:30:10 GMT

Good Morning!

Does anyone have in place wellness incentives for the employees who are not enrolled on the health insurance plan? If so, are they the same amounts as you give for the employees enrolled on the insurance plan?

We are thinking of creating an incentive plan that employees can earn points which would either reduce the amount of their per pay period costs or for gift cards........we've had a small wellness program in place for about two years with about 15% participation and we are trying to find way to increase this to at least 75%.

Wellness programs

Mary07 — Wed, 19 Sep 2007 13:33:33 GMT

We are a small company, with some "parts" of a wellness program, looking for ways of expanding program, effectively. That is, with the goal of improving overall health of work force. Has anyone had any successes, particularly smaller organizations?