Archives

FMLA Notice Requirements: Deadlines for Notice

In our last installment of this article series, we covered the employee’s obligation to notify his or her employer of the need for Family and Medical Leave Act (FMLA) leave, but the question remains: how much time does the employee have to notify his or her employer of the need for leave?

ADA

ADA Leave Issues: Attendance Bonuses, COBRA, and More

By Kate McGovern Tornone, Editor When an employee needs a medical leave of absence, your first thought may be “FMLA.” But there’s more to the story: often, the Americans with Disabilities Act (ADA) is implicated right along with the Family and Medical Leave Act (FMLA). And employers need to know exactly what each law requires.

Some Say the DOL Exceeded Its Authority

Yesterday we looked at how half of the states and some employer interest groups filed a lawsuit against the U.S. Department of Labor (DOL). Today, we present more details of their complaints and what it could mean for employers.

Blacklisting Rule Halted Ahead of Effective Date

The so-called blacklisting rule will not take effect on October 25, 2016 as planned. A federal district court Monday night granted a request to temporarily halt the regulation requiring federal contractors to report employment law violations to agencies that award contracts (Associated Builders and Contractors of Southeast Texas, et al. v. Rung, No. 1:16-cv-00425 (E.D. […]

ATE: How Do We Handle Probationary Employee Called to Active Duty?

My question regards a probationary employee called to active duty. We have an employee who is serving a 9-month probationary period who was called to active duty for 2 years. By law, do we have to make them a permanent employee? Or do extend the probation and upon her/his return have the employee complete their […]

COBRA

Court Recasts ERISA/Tax Claim Under PHSA, Allowing COBRA Notice Case to Proceed

By Gwen Cofield Governmental employers and the benefit plans they sponsor are generally exempt from the Employee Retirement Income Security Act’s (ERISA) Consolidated Omnibus Budget Reconciliation Act (COBRA) provisions but are still required to offer COBRA coverage to qualified beneficiaries under the Public Health Service Act (PHSA).

OCR to Take Closer Look at Smaller HIPAA Breaches

Most Health Insurance Portability and Accountability Act (HIPAA) enforcement has focused on the larger breaches of protected health information (PHI). But the U.S. Department of Health and Human Services (HHS) has not forgotten those incidents that fall below the “major” threshold of 500 individuals.