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Brown & Brown — Conference Presentation (September 2024)
33 slides from Brown & Brown's conference presentation, Sep 19, 2024
Slide 1: This Webinar Will Start Momentarily
This Webinar Will Start Momentarily. Thank you for joining us.
Slide 2: The Family and Medical Leave Act and Employee Benefits
The Family and Medical Leave Act and Employee Benefits September 19, 2024 Presented By: Presented by the Regulatory and Christopher Bao (Reg/Leg) and Darryl Frye (Leave Consultant) Legislative Strategy Group
Slide 3: Disclaimer
DISCLAIMER Brown & Brown, Inc. and all its affiliates, do not provide legal, regulatory or tax guidance, or advice. If legal advice counsel or representation is needed, the services of a legal professional should be sought. The information in this document is intended to provide a general overview o
Slide 4: Family and Medical Leave Act (FMLA)
Family and Medical Leave Act (FMLA) (29 CFR Part 825)
Slide 5: FMLA Basics
FMLA Basics INTRODUCTION The Family and Medical Leave Act (FMLA) provides for unpaid, job-protected leave to qualified employees Note: Many states have leave laws that run who work for qualifying employers. concurrently with FMLA or provide protections that are greater than FMLA. The general rule in
Slide 6: FMLA Basics - Covered Employers
FMLA Basics - Covered Employers (29 CFR § 825.104) Private Sector Employer Public Employers • Private employers that employ 50 or more employees • Public agencies considered covered employers for each working day in 20 or more calendar regardless of the number of employees workweeks in the current o
Slide 7: FMLA Basics - Covered Employees
FMLA Basics - Covered Employees ( 2 9 C F R § 8 2 5 . 11 0 ) Eligible Employees • Works for covered employer • Employed by the employer for at least 12 months, » Not required to be consecutive (takes into account up to seven years) • Worked for at least 1,250 hours during the 12-month period immedia
Slide 8: FMLA Basics – Qualifying Reasons For Leave
FMLA Basics – Qualifying Reasons For Leave ( 2 9 C F R § 8 2 5 . 11 2 ) Circumstances for FMLA Leave • Birth of a child and to bond with the newborn child Right to FMLA leave applies equally to male and within one year of birth female employees • Placement with the employee of a child for adoption o
Slide 9: FMLA Basics - Qualifying Reasons For Leave
FMLA Basics - Qualifying Reasons For Leave (29 CFR § 825.124) Circumstances for FMLA Leave (Cont.) • Qualifying exigency arising out of the fact that the employee’s spouse, child or parent is a covered military member on active duty or has been notified of an impending call or order to active duty •
Slide 10: Serious Health Condition
Serious Health Condition Definition: An illness, injury, impairment or physical or mental condition that involves inpatient care or continuing treatment by a health care provider (29 CFR § 825.113) Types of Serious Health Conditions • Any period of incapacity due to pregnancy, or for • Inpatient car
Slide 11: Military Leave
Military Leave (29 CFR § 825.122) • Eligible employees may take FMLA leave for: • Covered service member includes both members of » Any “qualifying exigency” arising from foreign the National Guard and Reserves and the Regular deployment of employee’s son, daughter, spouse Armed Forces or parent wit
Slide 12: Employee Notice
Employee Notice • Employees must provide notice of their need for FMLA leave • Based on employer’s customary policy for requesting leave unless unusual circumstances apply • Notice can be oral or written Timing of Notice: • Foreseeable – 30 days advance notice • Unforeseeable – Provided as soon as p
Slide 13: Certification
Certification • Employer may request employee certification to support need for FMLA leave Certification may not be required for leave to bond with a healthy newborn child or child placed for adoption or foster care. • Circumstances when certification may be required: » Employee’s own serious health
Slide 14: Model Forms, Fact Sheets and Notices
Model Forms, Fact Sheets and Notices FMLA Forms 1. WH-1420 FMLA Poster 2. WH-380E Certification of Heath Care Provider – Employee 3. WH-380F Certification of Heath Care Provider – Family member 4. WH-381 Notice of Eligibility, Rights & Responsibilities 5. WH-382 Designation Notice 6. WH-384 Certific
Slide 15: FMLA Basics – Duration of Leave
FMLA Basics – Duration of Leave • Based on defined 12-month period or “leave year” Length of Leave: • Up to 12 weeks for qualifying leave • Methods for determining 12-month leave year: » Calendar year or any other fixed period of 12 • Qualifying exigency leave months » Up to 15 days to spend time wi
Slide 16: School Instructional Employees
School Instructional Employees (29 CFR § 825.600-§ 825.604) Special rules apply for instructional employees of elementary and secondary schools (public and private) for purposes of intermittent or reduced scheduled leave • Includes teachers, athletic coaches, driving instructors and special educatio
Slide 17: School Instructional Employees
School Instructional Employees • If intermittent leave or reduced schedule is needed, • In certain cases, for leaves commencing at the end of employer may require the employee to choose the academic term the employer may require the between: employee to remain out on leave through the end of » Leave
Slide 18: Airline Flight Crew Employees
Airline Flight Crew Employees (29 CFR § 825.802) Special rules apply to airline flight crew members for calculating leave and leave entitlement • Hours of service criteria – Employee must have worked or been paid during the previous 12 months for: » Not less than 60% of applicable monthly guarantee,
Slide 19: Employee Protections
Employee Protections • It is unlawful for an employer to discharge or discriminate against any employee for opposing any practice, or because of involvement in any proceeding, related to the FMLA • Employers may not discriminate against or interfere with employees who attempt to exercise their right
Slide 20: FMLA Impact on Benefits
FMLA Impact on Benefits
Slide 21: Group Health Plans
Group Health Plans (29 CFR § 825.209) Maintenance of Health Coverage during leave • “Group health plan means any plan of, or contributed to by, an employer (including a self-insured plan) to provide health care (directly or otherwise) to the employer's employees, former employees, or the families of
Slide 22: Group Health Plans
Group Health Plans A covered employer may: Employee must pay employee portion of premium • Allow an employee going on FMLA leave to either during the leave revoke or continue health coverage during the FMLA • Foreseeable leave – May collect premiums “in leave, or advance” on pre-tax basis at employe
Slide 23: Group Health Plans
Group Health Plans Employer’s obligation to offer health • Employee fails to pay premium within 30 days of due coverage stops when: date – 15 day advance written notice of late payment required • Employee notifies employer of intention to not return to work; » Notice may be provided within the grace
Slide 24: FMLA & COBRA
FMLA & COBRA COBRA continuation rights apply at the end • The individual would, in the absence of COBRA of FMLA continuation coverage, lose coverage under the group health plan before the end of the maximum coverage • Regardless of whether employee’s premiums are kept period. current during the job-
Slide 25: FMLA & Cafeteria Plan Elections
FMLA & Cafeteria Plan Elections (26 CFR § 1.125-3) If paid leave is run concurrently with FMLA, the employer can require that the employee continue paying his or her share of premiums if: • The employee has made a pre-tax salary election for health insurance premiums; • The employee takes a “paid” F
Slide 26: Special Rule: Cafeteria Plan Elections
Special Rule: Cafeteria Plan Elections Reinstatement of election on return from leave (if benefits have been dropped): • Safe Harbor: » Leaves shorter than 30 days – Reinstate prior election (unless intervening status change) » Leaves greater than 30 days – May reinstate prior election or make new e
Slide 27: FMLA & Health FSA Elections
FMLA & Health FSA Elections The employer must permit an employee taking FMLA leave to continue the coverage under the HFSA while Unpaid FMLA: Employers can require reinstatement of on FMLA leave coverage upon return from FMLA leave if this is required for all unpaid leaves. If an employee is on an u
Slide 28: Special Rule: Dependent Care FSAs
Special Rule: Dependent Care FSAs Eligibility to Participate: Dependent Care claims eligibility: • Determined by cafeteria plan’s eligibility language If daycare costs continue to accrue, are they to enable employee and spouse to work or seek work? • FMLA leave eligibility must be maintained if empl
Slide 29: Other Benefits
Other Benefits Benefit Coverage Requirements Cash Payments (in lieu of health coverage) Not required Seniority Benefits (e.g., vacation/sick pay accrual) Not required during unpaid FMLA leave May be maintained during the term of the FMLA leave if permitted by contract • Helps preserve reinstatement
Slide 30: FMLA Leaves Due to a Disability
FMLA Leaves Due to a Disability Life Insurance: • Life waiver of premium – If included in the contract » May apply different waiting periods for qualifying for disability waiver than LTD or STD plans » Premiums must be paid during the waiting period • Definition of disability may be more restrictive
Slide 31: Summary
Summary • FMLA provides specific job and benefit protections • Reinstatement to employee welfare benefits is required upon return from FMLA • Make sure non-health benefit contracts allow for immediate reinstatement BROW N & BROW N | 31
Slide 32: HRCI and SHRM Credits
HRCI and SHRM Credits This Program, ID No. 673236, has been approved for 1.00 HR (General) recertification credit hours toward aPHR , aPHRi , PHR®, PHRca®, SPHR®, GPHR®, PHRi and SPHRi recertification through HR Certification Institute® (HRCI®). Brown & Brown is recognized by SHRM to offer Professio
Slide 33: Find your solution at BBrown.com
Find your solution at BBrown.com DISCLAIMER: Brown & Brown, Inc. and all its affiliates, do not provide legal, regulatory or tax guidance, or advice. If legal advice counsel or representation is needed, the services of a legal professional should be sought. The information in this document is intend
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