From employment law to compensation and benefits, FMLA and hiring and firing and more, Business Management Daily provides comprehensive Human Resources updates.
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It has become widely accepted that working fathers as well as mothers stay home with their children or use accrued time off to attend to childcare matters. Many employers have followed the trend by implementing paid leave policies that allow fathers to take time off after the birth of a child, just as mothers would. Some policies, though, exclude dads from the mix while allowing moms and even adoptive parents to take paid leave. Is this illegal sex discrimination?
A common cause of consternation among plan sponsors is recognizing under what conditions they can disclose protected health information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA) to an individual who calls the plan on a beneficiary's behalf.
When determining whether an employee is eligible for benefits, plan exclusions apply. In theory, the more clearly worded an exclusion, the more likely a worker denied benefits is to understand and accept the decision. Unfortunately, that's not always the case.
The question before the U.S. Department of Labor (DOL) was whether the Family and Medical Leave Act (FMLA) requires an employer to continue cafeteria plan health payments for an employee on unpaid FMLA leave if company policy requires all employees on unpaid leave of any kind to make their own group health coverage payments.