DOL move makes FMLA self-audit a must: 7-step …

1 Now is a critical time for employersto review their fmla top of recent changes to thelaw, the DOL just announced it plansto ramp up on-site fmla investigations something the agencyhas virtually neverdone in the the feds get there ..The DOL s latest move suggests theagency is more determined than everto root out fmla avoid getting caught off-guardby the feds new strategy, employersshould take a proactive approach byconducting an in-house audit on allthings fmla . Although the process can seemoverwhelming, employment attorneyand fmla Insightsfounder JeffNowak offers a comprehensive guideon what all self -audits should s a summary of that guide:1. Review your fmla policy with a fine-toothed the fedscome knocking, they ll be checking to make sure the latest 2013 fmla regs are incorporated in all of your fmla -related documents. Not only should your policy be up-to-date and included in youremployee handbook, it should includeall key fmla components.

2 Some DOL move makes fmla self - audit a must: 7-step checklist On-site visits, expanded regs make this task criticalIt s that time again. The IRS just announced the2014 limits for HSA contributions,and HDHP deductible and out-of-pocket maximums. Each year, theagency factors in cost-of-livingadjustments and updates these benefit from $50 to $200 The maximum amount individualsenrolled in a HDHP can contribute toan HSA in 2014 will be: $3,300 for self -onlycoverage (up$50 from 2013), and $6,550 for familycoverage (up$100 from 2013).The minimum HDHP deductiblesare unchanged and will remain at: $1,250 for self -onlycoverage, and $2,500 for it comes to how much moreemployees with an HDHP can expectto pay, the 2014 out-of-pocketmaximums will be: $6,350 for self -onlycoverage (a$100 increase from 2013), and $12,700 for familycoverage (up$200 from 2013).

3 Out-of-pocket expenses includedeductible, co-pay and co-insurancecharges, but not premium : LIMITSIRS publishes the 2014 HSA contribution limits(Please turn to fmla ..Page 2)WHAT S INSIDE2 Sharpen Your JudgmentIs reassigning job duties a reasonable accommodation ?3 Health CareHealth reform SBCs: What youneed to know about feds changes4 Compensation5 plan features that willincrease retirement readiness5 Real Problems/Real SolutionsUsed our rich benefits to lure new employees7 What Worked, What Didn tIncreased communication withour broker to help employeesThe Purpose of What s New inBenefits & CompensationWhat s New in Benefits & Compensationis an authoritative fast-read publicationto help benefits and compensation professionals address the cost concerns ofsenior management while meeting thecomplex needs of employees. Twice a month it keeps you up to dateon all need-to-know legal, tax and policy developments.

4 It follows trendsand provides real-world examples of how other companies cut costs, avoidlegal/tax pitfalls, maximize benefit valuesand successfully communicate programs to employees all in an effort to maketheir firms more competitive through creative, cost-effective benefits and compensation 14, 2013but not all of these things include: eligibility requirements definition of fmla leave year, and employees fmla Look over all sure theDOL s fmla poster is prominently displayed where it can be seen by allworkers and job applicants. Plus, if a significant percentage ofyour company speaks the same non-English language, then the postermust be posted in that language, Examine your fmla like your overall policy, all ofthe fmla forms (Eligibility, Rightsand Responsibilitiesand DesignationNotices) you use must reflect the law srecent while you can use the DOL smodel forms, it s important toremember: The DOL s forms don tinclude the GINA safe harborlanguage.

5 You can find an example ofthis language here: Revisit your DOL investigation will alsofocus on your communication. During the audit , you ll want tomake sure you re in complianceHow do managersdetermine ifFMLA applies?when it comes to communicatingthings like certification, recertification,return to work, Double-check your fmla processes and procedures. This is oneof the most critical aspects of an in-house fmla audit because it slikely to uncover at least a few areasthat need to be updated. Here are some of the proceduresyou should be clear on: what managers do when workersreport an absence that may trigger fmla what questions managers ask todetermine if fmla may apply, and how increments of intermittentleave are Re-examine your recordkeepingprocess. fmla -related records mustbe maintained for a minimum of threeyears and must be kept in a separatepersonnel file.

6 The complete recordkeeping regsare spelled out in the FLSA and can befound here: Look for manager and supervisortraining opportunities. Manyemployers fmla problems are thedirect result of manager while you re combing overFMLA procedures, look for areas ofmanager training that can beimproved upon or done more often. Adapted from Department ofLabor to Increase Frequency of FMLAOn-Site Investigations by JeffNowak, L F-AU D I T SFMLA ..(continued from Page 1)xWHAT S NEWinBenefits & Compensationx2 June 14, 2013 Is reassigning job duties a reasonable accommodation ? Working hard, Jim? benefitsmanager Betty Murphy asked as shestepped into company attorney JimGannon s office. Just clearing my head, Jim saidas he putted a golf ball across hiscarpet. But I m glad you re here. Ineed to talk about Sheryl Neeld. I still can t believe that women issuing us, Betty said.

7 What exactlyis she claiming? That we flat-out refused toaccommodate her disability andessentially fired her because of herdisability, Jim said. That s just not the case, Bettysaid. We tried to keep her, but itwas impossible. Give me the details, Jim everything! After Sheryl returned fromdisability leave, she was on amedication regimen that made it allbut impossible for her to work. Soshe started delegating her tasks totwo of her subordinates, Betty said. How much of her work? Practically everything, Bettysaid. When we brought it up toSheryl, she said she was fully capableof doing her job as long as she hadher subordinates help as anaccommodation. Did you look into it? Jim asked. We did. But in the end, wedecided it just wasn t reasonable,and we let her go, Betty sued Betty s company fordisability discrimination, and thecompany fought to get the suittossed out.

8 Did it win?SHARPEN YOURBENEFITS J U D G M E N TThis feature provides a framework fordecision making that helps keep you andyour company out of trouble. It describesa recent legal conflict and lets you judgethe outcome. make your decision, then please turnto Page 6 for the court s : JARED EDITOR: TIM GOULDPRODUCTION EDITOR: JEN ERBEDITORIAL DIRECTOR: PIETER VANBENNEKOMWhat s New in Benefits & Compensation(ISSN 1076-0466), issue date June 14, 2013, Vol. 20 No. 444, is published semi-monthly, exceptonce in December (23 times a year) by ProgressiveBusiness Publications, 370 Technology Drive,Malvern, PA 19355; PHONE: 800-220-5000. FAX: 610-647-8089. Subscription rate $299 per postage paid at West Chester, PA : Send address changes to What s New inBenefits & Compensation, 370 Technology Drive,Malvern, PA : 800-220-5000 This publication is designed to provide accurate andauthoritative information in regard to the subjectmatter covered.

9 It is sold with the understandingthat the publisher is not engaged in rendering legal,accounting, or other professional services. If legal orother expert assistance is required, the services of acompetent professional should be sought. From adeclaration of principles jointly adopted by a committee of the American Bar Association and acommittee of publishers. Printed on recycled 2013 Progressive Business respect our copyright: Reproduction of thismaterial is prohibited without prior permission. All rights reserved in all when the confusion surroundinghealth reform s Summary of Benefitsand Coverage (SBCs) statements hassubsided, the DOL decided to addsome changes to the away in the agency s 14thFAQ on health-reform implementationare two changes to you know, the Affordable CareAct requires all health plans to provideparticipants with SBCs and a glossaryof commonly used terms.

10 The added changes will apply tohealth plans with coverage beginningon or after January 1, 2014, and willapply to plans second-year SBCs. Pay or play factored inSo what s different about thesecond-edition SBCs? Next year, planswill have to answer the following twoquestions about their coverage in theSBCs that are distributed: Does this coverage provideminimum essential coverage?Thelaw requires most individuals tohave insurance that meets thedefinition of the minimumessential coverage a health plan s SBC must letparticipants know whether it meetsthose requirements. Does this coverage meet theminimum value standard?The lawrequires health plans to meet one ofthe four metal levels of levels are based on thefollowing actuarial values: bronze(60% actuarial value); silver (70%);gold (80%); and platinum (90%).SBCs must state whether the planmeets the minimum value standardof 60% actuarial questions are designed tohelp the feds determine if the employer(as plan sponsor) will have to pay ashared-responsibility penalty.