Byrne Byrne Blog

Handling "Bye" With "BYOD"

BYOD stands for bring-your-own-device and it’s a concept that’s gaining in popularity among most major companies, especially those that allow telecommuting. Most employer policies on BYOD cover productivity and ensuring the employees are using the righ…

Employer Webinar Series

Planning for 2015 – Open Enrollment and Other PPACA Issues

Tuesday, August 12, 2014
2:00 p.m. ET / 11:00 a.m. PT

Remember ERISA Basics: SPD and Eligibility

Remember ERISA Basics: SPD and Eligibility

With all of the recent changes flowing from PPACA, it is important not to forget some very basic and long-standing aspects of plan compliance, design, drafting and administration, particularly those rooted in significant part in a law enacted 40 years ago, the Employee Retirement Income Security Act, also known as “ERISA.”

FMLA and Same-Sex Spouses | Chicago Employee Benefits

Last June, the U.S. Supreme Court ruled that a part of the Defense of Marriage Act (DOMA) that limits the definitions of “marriage” and “spouse” to opposite sex marriages and spouses is unconstitutional. Since then, the Department of Labor (DOL), the Internal Revenue Service (IRS), and the Department of Health and Human Services (HHS) have issued several notices that provide that, for purposes of federal taxes and employee benefits, a person legally married to a same-sex person in any state or foreign country is considered married even if he or she moves to a state that does not recognize same-sex marriages.

In contrast to this “state of celebration” approach, under the Family and Medical Leave Act (FMLA) an employee is considered married — or unmarried — based on the law of the state in which he or she lives when FMLA begins. The DOL has now issued a Proposed Rule that would change the FMLA definition of spouse to match the definition that is being used for other purposes — that is, if an employee who is legally married to a same-sex individual requests FMLA to care for the same-sex spouse, or the same-sex spouse’s child, FMLA would be available even if the employee lives in a state that does not recognize same-sex marriage. The federal government does not consider civil unions or legally recognized domestic partnerships as marriages, so this change would not affect employees with these arrangements.

Employers should continue to use the employee’s place of residence to determine whether FMLA should be offered until the proposed change becomes final. Comments on the proposed change may be made until August 22, 2014, so the earliest this change would be effective is sometime this fall. Employers, of course, are free to offer leave even though it is not legally required.

The DOL has issued an FAQ on the proposed rule that employers may find helpful.

For further information including best practices in FMLA, attend UBA’s webinar, “Curbing FMLA Abuse,” on Thursday, July 10, 2014, at 2:00 p.m. ET / 11:00 a.m. PT. Go to http://bit.ly/1pJqIfR and enter code UNUMUBA for a $149 discount. 

So, Your Employees Want To Telecommute?

Does your company have employees who are tired of the daily grind that is commute to the office, perform duties with coworkers, and then commute home? Have you considered just how badly they may want to work from home — or from any location for that m…

Top 10 FMLA Employer Mistakes | Chicago Benefits Broker

The Family and Medical Leave Act (FMLA) regulations that became effective in 2009 provide employers with mechanisms by which we can better curb FMLA abuse. However, there are also some traps employers can fall into if they do not review the regulations carefully and administer leave requests appropriately. 

The following are the top 10 mistakes employers make that allow FMLA abuse and can create liability for employers:

1. Improperly Determining Eligibility: Some things to consider when determining eligibility include: employees must have worked for a covered employer, they must have worked 1,250 hours and 12 months, and they must have worked at a worksite where there are 50 employees in a 75-mile radius.
    
2. Deeming Employees FMLA Eligible: An employer cannot “deem” an employee eligible for FMLA if they are not eligible. An employer cannot deem an absence to be FMLA-covered if it is not. 
    
3. Failure to Provide Required Notices: Employers have to give four notices: a general notice, eligibility notice, rights and responsibilities notice, and a designation notice. It’s important to know how and when these notices can be given.
    
4. Using a Calendar Year 12-month Period: An employer can choose the method by which the applicable 12-month period is measured (calendar, fixed year, measured forward or rolling backward) during which an employee is entitled to leave.
    
5. Failure to Calculate Leave Entitlement Appropriately: There are different regulations that determine how holidays within FMLA are treated, how much leave an employee is entitled to take based on their actual workweek, what to do if an employee’s schedule varies from week to week, and how to calculate FMLA time for an employee that was scheduled to work overtime but could not do so due to an FMLA qualifying event.
    
6. Failure to Properly Designate FMLA Time: Employers must designate FMLA time within five business days of determining that leave qualifies as FMLA. Employers can also track intermittent leave in the smallest increment used to track other forms of leave, provided it is not more than one hour. Special rules apply.
    
7. Inappropriate Use of Medical Certifications: An employer must provide an employee written notice that a certification is incomplete or insufficient. An employer can also contact the Health Care Provider for clarification or authentication, but it is important to know who can make contact.
    
8. Failure to Request a new Certification and Re-determine Eligibility in a new Leave Year: Once an employee is determined to be eligible for FMLA, he or she remains eligible for one year for that leave reason. It is important to know, however, what to do if an employee’s need for leave lasts beyond a year. There are steps employers can take to protect against abuse in this area.
    
9. Improper Use of ReCertifications: Recertification cannot be requested more often than every 30 days unless certain parameters are in place. However, regardless of the minimum duration of the condition, recertification can be requested every six months.
    
10. Failure to Monitor Intermittent Leaves Closely: There are many things an employer can do to watch for abuse; for example, watch for patterns of absence, request recertifications as often as possible, and require employees to attempt to schedule planned medical treatment at less disruptive times. 

Employers need to know the laws so they can adopt leave policies that prevent abuse while maintaining compliance. 

For further information including best practices in all of the top 10 areas of FMLA mistakes, attend UBA’s webinar, “Curbing FMLA Abuse,” on Thursday, July 10, 2014, at 2:00 p.m. ET / 11:00 a.m. PT. Go to http://bit.ly/1pJqIfR and enter code UNUMUBA for a $149 discount. 

Breaking Through The Barriers To Create Retirement Plans That Work — For Everyone

WisdomWorkplace Webinar

Thursday, June 19, 2014
2:00 p.m. ET / 11:00 a.m. PT

What Employers Need to Know about SCOTUS Hobby Lobby Ruling

On June 30, 2014 the U.S. Supreme Court issued a decision in a case generally referred to as the Hobby Lobby case. Hobby Lobby is a family-owned for-profit corporation. The family that owns Hobby Lobby strongly believes that it would violate their deep…

Employer Webinar Series

Understanding the Wage and Hour Laws

Tuesday, July 8, 2014
2:00 p.m. ET / 11:00 a.m. PT