Blog

Does Unscheduled Time Count Against an Employee’s FMLA bank? The Answer May Surprise You!

Lori Welty, Esq., Absence Management Senior Compliance Attorney

On January 15, the 9th Circuit issued a decision in Scalia v. Alaska, 2021 U.S. App. Lexis 1152 (9th Cir. 2021), reversing course on earlier court decisions addressing the correct method for deducting full weeks of leave for rotational employees. The new decision establishes that employers can use an employers’ definition of workweek, instead of one applicable to an individual employee, in deducting full weeks of FMLA leave. The result is ...

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How Employee Benefits Carriers Can Simplify Employers’ Attendance Policies

Megan G. Holstein, Esq., SVP Absence and Claims Product

As an employer, whether producing widgets, serving food to the public, or running a government entity, the organization relies on employees to come to work (whether physically or virtually) as scheduled.  In the absence management industry, a niche market that solely exists because employees might and do miss work, managing attendance gets complex. A recent court case highlights just one small area of the absence ...

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Does your core have the strength to address $10M in premium leakage a year?

Dan Watt, VP, Product Management

Imagine this: your employer uses  an outdated technology for payroll. Because of this, your paycheck is a different amount each week. Assuming you’re a salaried employee, can you imagine accessing your bank balance and scanning your recent transactions each week to confirm if the amount deposited is close enough to what you were expecting?  If it’s not close enough, you have to call your bank, employer and potentially another third party to ...

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Will Federal Paid Leave Renew Under The Biden Administration?

Megan G. Holstein, Esq., SVP Absence and Claims Product

This month as President Biden took office, he announced a proposed stimulus plan which would include reviving federal paid leave. Last April, the Families First Coronavirus Response Act (FFCRA) created a temporary federal paid leave requirement for many employers that expired on December 31, 2020. While Congress passed a second stimulus bill during the last days of December 2020, it did not extend the FFCRA’s paid leave mandates; … Read More

Massachusetts Passes Emergency Regulations and Enacts Intermittent and Reduced Schedule Guidance  

Lori Welty, Esq., Absence Management Senior Compliance Attorney

Late December 2020, Massachusetts finalized two Emergency Regulations relating to its Paid Family and Medical Leave program. The Department of Family and Medical Leave (DFML) also issued formal Guidance on Intermittent Leave and Reduced Leave Schedules.   The new regulations:  update several definitions for personal care attendants and family childcare providers, and incorporate those into the … Read More

Tax Credits Are All That Is Left on Paid Federal Leave in 2021

Lori Welty, Esq., Absence Management Senior Compliance Attorney

As 2020 wraps up, the leave of absence community waited with baited breath to see if Congress would extend the mandatory paid leave provisions of the Families First Coronavirus Response Act (“FFCRA”), implemented last March and set to expire December 31, 2020. The FFCRA had expanded the federal Family and Medical Leave Act (FMLA) via … Read More

3 Ways to Strategize for Uncertainty During Natural Disasters, Pandemics, and Public Health Emergencies: Acknowledge, Assess, and Analyze

Megan G. Holstein, Esq., SVP Absence and Claims Product

The fall of 2020 has presented a unique set of challenges across America when it comes to public emergencies. The country, and indeed the globe, continue to battle the COVID-19 pandemic and parts of the United States are also battling other natural disasters such as hurricanes and tropical storms in the Southeast and record-breaking wildfires in the mountains and the West. If 2020 has taught us anything, it’s the need for continuous … ...

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The Latest State to Join the Paid Leave Trend: Colorado Passes Paid Family and Medical Leave

Lori Welty, Esq., Absence Management Senior Compliance Attorney

On November 3, Colorado voters approved Proposition 118, the Paid Family and Medical Leave Insurance Act.  The measure provides 12 weeks of paid family and medical leave funded through premium contributions paid for equally by employers and employees. Employees may be entitled to an additional four weeks of leave for pregnancy or childbirth complications. Premiums … Read More

California Expands Crime Victim’s Rights

Lori Welty, Esq., Absence Management Senior Compliance Attorney

On September 28, California Governor Newsom signed into law Assembly Bill 2992, amending and expanding California’s Labor Code Sections 230 and 230.1, which provide employment protections for crime victims. The law goes into effect January 1, 2021. Prior to the amendment, Section 230 prohibited all employers, regardless of size, from discharging or discriminating against an … Read More