Benefits—Legal & Regulatory  

Family & Medical Leave Expansion of FMLA to More Relatives Proposed ERISA Pre-empts Wisconsin Leave Law, SHRM Argues Bill Would Expand Leave for Family Member's Deployment Navigating the Leave-Management Maze FMLA: Scheduling: What is the impact of an alternative work schedule or compressed work schedule on paid leave benefits such vacation, PTO and sick leave? DOL Releases New FMLA Model Forms and Notice Poster FMLA: Certification of Health Care Provider for Family Member’s Serious Health Condition (WH-380-F) FMLA: Eligibility: How do the FMLA military expansion provisions affect USERRA and military leaves? FMLA: General: What changes were made to the FMLA in addition to the service-member related changes? FMLA: Who is a covered family member under the FMLA? DOL Issues Rules for Military FMLA, Eases Ability to Revise Forms FMLA: Can an employer require the use of paid leave while an employee is on FMLA leave? ‘Friday-Monday Leave Act’ Turns 20 How to Approve or Deny the Request for FMLA Leave FMLA: Intermittent: Must an employer grant an employee’s request for intermittent or reduced-schedule leave following the birth or placement of a healthy child? More...  Fiduciary Duty Fiduciary Lessons Learned from Tussey v. ABB Legal & Regulatory: What is a fiduciary, and what are “fiduciary responsibilities” under an ERISA-covered group health plan? Nearly $37 Million Awarded in ERISA Case Benefits Agency Focuses on Fees in Regulatory Agenda 6th Circuit: ERISA Fiduciary Has No Duty to Disclose Public Information to Plan Participant Ethics in Human Resource Management EBSA: Enforcement Initiative Depends on Employee Input 3rd Circuit: ERISA Fiduciary Not Responsible for Spouse’s Retirement Decision Fiduciaries Can Avoid Becoming Defendants Retirement Plan Sponsors Unclear on 'Fiduciary Responsibility' Court Report 8th Circuit: Claim that ERISA Administrator Failed to Disclose Information Survives 8th Circuit: Overfunded ERISA Plan Bars Participant’s Claim Against Fiduciaries Caterpillar Agrees to Pay $16.5 Million to Settle Excessive 401(k) Fee Claim President Bush Signs Pension Funding Relief Law More...  Health Care Continuation COBRA: Model Election Form and Notice DOL Issues Model COBRA Election and Exchange Notices COBRA: Termination of Coverage: If an employee pays for COBRA coverage with a check that bounces, may we cancel the coverage? COBRA: Payment: Can we pay for a former or current employee’s COBRA coverage? COBRA: Must an employer offer COBRA continuation on voluntary benefits programs? When an employee covered by COBRA needs leave under the Family and Medical Leave Act, how are benefits continued and what restoration rights does the employee have? COBRA: What notices must be provided to qualified beneficiaries under COBRA? Health Care Benefits: Termination: Can an employer terminate its group health care plan prior to a bankruptcy filing to avoid offering COBRA? COBRA: What benefits are covered under COBRA? COBRA: Termination of Coverage: Is a newly hired employee on COBRA required to drop their COBRA coverage once they become eligible for medical benefits? COBRA: We have an employee who is on FMLA to receive a kidney. The leave is expiring. At what point do we offer COBRA, and for how long? COBRA: Duration of Coverage: When do we offer COBRA to Employees on FMLA? COBRA: Covered Benefits: Are employee assistance programs subject to COBRA? COBRA: Termination of Coverage: When an employer files bankruptcy, what obligations does it have to continue its group health care plan or offer COBRA? COBRA: Duration of Coverage: How long does COBRA continuation coverage last? More...  Medical Privacy Be Prepared for HHS’ Enhanced Enforcement of HIPAA Rules EEOC Settles Its First GINA Lawsuit A To-Do List for Open Enrollment HIPAA Action Items Guidance Sought on Wellness Efforts and Anti-Discrimination Laws HIPAA Rule Alters Definition of ‘Breach’ Medical Privacy: HIPAA: Covered Employer: Does my status as an employer make me a “covered entity” for the purposes of HIPAA privacy? Medical Privacy: General: Can we ask employees to provide the name of their doctor and a list of medications on our emergency contact form? Medical Privacy: HIPAA: Authorization: Under the HIPAA privacy regulations, do I need to obtain an authorization form from my employees for every situation involving health-related information? Benefits: Medical Privacy: Does HIPAA restrict us from announcing when an employee’s baby is born, an employee is having surgery or an emergency happened to an employee’s family? EEOC Analyzes Impact of GINA on Employee Wellness Program EEOC Warns Employers About Combining Health Records HIPAA May Provide Basis for State Law Private Cause of Action 6th Circuit: Asking For a Doctor’s Note Challenged GINA’s Discretionary Safe Harbor Notice Vs. Mandatory Notice Distinguished HHS Announces Proposed HIPAA Rule More...  Reporting & Disclosure Communications: Disclosures: What employee benefit plan disclosures must employers provide to employees and when? Communications: Disclosures: SPD: What should a summary plan description include? Benefits Agency Focuses on Fees in Regulatory Agenda Plan Administrator Fined for Not Providing Summary Plan Description Promptly HR and Internal Audit Can Be Better Partners DOL Launches Mandatory Form 5500 Online Filing System Court Report Advance Copies of 2008 Form 5500 Available Prepare for Medicare's Secondary Payer Reporting Requirements Close Confusing FMLA Loopholes, SHRM Member Testifies DOL Delays Deadline for Electronic Filing of Benefits Reports HR Magazine: Weather the Storm of 401(k) Lawsuits DOL Announces Penalties for Failure To Provide Diversification Rights Notice FIDUCIARIES: SEC Warning on Pension Consultants' Conflicting Interests (5/05) FIDUCIARIES: DOL Clarifies Area that's Often Vague (5/05) More...  Workers' Compensation Safety & Security News Briefs Workers Compensation: Does GINA’s Safe Harbor notice apply to Workers Compensation forms as it does for FMLA? Workers compensation: Does GINA’s Safe Harbor notice apply to workers’ compensation forms as it does to FMLA? Workers’ Compensation: When should an employee who was injured on the job be paid for time to attend related doctor’s appointments? Back to Work Workers’ Compensation: What reinstatement rights do employees have when they are out on workers’ compensation and are either not eligible for FMLA leave or have exhausted their FMLA leave? Tenn. Football Player Denied Calif. Workers' Compensation Slow Recovery Affects Workers' Comp Payments Workers' Compensation: Eligibility: If an employee slips on ice in the parking lot is it covered by workers compensation? Is it a OSHA recordable injury? Supreme Court Leaves Pension Plan Offset Undisturbed Workers' Compensation: Reporting: We have an employee who suffered a minor injury at work and missed a few days. Could we just pay the person for time missed instead of filing a workers’ Compensation? Workers' Compensation: An employee who telecommutes was walking from her house to her car to go to a job location and fell in her driveway, breaking her arm. Would this injury be covered by Workers' Compensation? Workers' compensation: Eligibility: Can I be sued by a temporary employee who is hurt at our workplace? Are they covered by workers' compensation? Workers Compensation: Health Insurance: Are employers required to maintain health insurance benefits for employees who are out on workers’ compensation leave or can they put such employees on COBRA and have them pay the premiums? Supreme Court Defines LHWCA Cap on Benefits More...  Other Recent Developments Be Prepared for HHS’ Enhanced Enforcement of HIPAA Rules EEOC Settles Its First GINA Lawsuit Expansion of FMLA to More Relatives Proposed Supreme Court to Consider ERISA Statute of Limitations on Claims Denials ERISA Pre-empts Wisconsin Leave Law, SHRM Argues More...