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From the Hotline: Workers’ Compensation Injury Off Company Property

Question: Does an injury in a parking lot that is used, but not owned, by the company fall under workers’ compensation? Answer: An injury that occurs in a parking lot owned or “controlled” by the employer, when the employee is in that lot as a result of their employment, is typically compensable according to the […]

From the Hotline: Benefits Continuation While on Leave

Question: We pay half of our employees’ benefits. If the employee is out on Family and Medical Leave Act (FMLA) leave, does the employer still have to pay their half, or can we require the employee to pay 100 percent? Answer: The employer must continue to pay their portion of the premium. The regulation requires […]

From the Hotline: PTO Accrual During FMLA Leave

Question: Does paid time off (PTO) have to accrue while an employee is out on Family and Medical Leave Act (FMLA) leave? Answer: FMLA regulations do not require an employer to continue paid time off (PTO) accruals while on leave unless they allow PTO to accrue for employees on other unpaid leaves. While an employer may have […]

LinkedIn Asks: What’s Wrong with eLearning? ThinkHR Responds

Much discussion over the last few weeks has taken place regarding eLearning on the popular Linked: HR group on LinkedIn. Hundreds of HR professionals have tuned in and weighed in with their opinions on the topic, and now we are weighing in too. It all started with a simple question: What’s wrong with eLearning? Many […]

From the Hotline: FMLA Leave Designation and Notice

Question: Is an employer still required to issue a Family and Medical Leave Act (FMLA) notice to an employee if the employer decides to continue paying the employee while on leave? Answer: Even if the company has a policy that exceeds the rights and benefits of the Family and Medical Leave Act (FMLA), we recommend […]

From the Hotline: FMLA and State Disability

Question: When an employee is taking Family and Medical Leave Act (FMLA) leave and getting state disability (or private supplemental disability), can the employer require that the employee use any accrued vacation time first? What if the employee is not being paid any disability during that time, does that change? Answer: In general, an employer […]

From the Hotline: Recouping Missed Premium Payments

Question: An employee has been out on Family and Medical Leave Act (FMLA) leave; he has had no earnings (no benefit payroll deductions) and is now resigning. Can we require him to pay for his missed benefit deductions? Answer: The Family and Medical Leave Act (FMLA) regulations do allow for employers to recoup employee missed premium payments for any FMLA leave […]

From the Hotline: Leave Accrual While on FMLA Leave

Question: If an employee is on Family and Medical Leave Act (FMLA) leave, does the employee still accrue paid time off (PTO), vacation, sick leave, etc.? Answer: Whether or not paid time off continues to accrue while an employee is on Family and Medical Leave Act (FMLA) leave is subject to employer policies. FMLA does […]

ThinkHR Learn, New Features and New Website Arrive Friday

To say this is a big week around ThinkHR is an understatement. Not only are we re-launching—ThinkHR Learn—we’re enhancing ThinkHR Comply and launching a completely updated website. It’s a good thing we all love what we do or we’d be exhausted! Here’s a preview of what we’re unveiling Friday: ThinkHR Learn—Our cloud-based learning platform has […]

From the Hotline: FMLA Notice Form

Question: How do employers know which states accept the Department of Labor Family and Medical Leave Act (FMLA) notice form? Answer: Generally, if a state does not have a state specific family and medical leave law, the Department of Labor notification template is sufficient. However, if a state law differs from the federal Family and […]

From the Hotline: Calculation of FMLA Leave Period

Question: Can the method that you use to calculate the 12-month period under the Family and Medical Leave Act (FMLA) be different for different categories of employees, i.e. part time, full time, management? If an employee was out on a regular disability leave and has been paying for his or her own health insurance and […]

From the Hotline: FSA Participation During Leave

Question: When an employee is on leave, can the employee continue participating in a flexible spending account (FSA) program and make catch up contributions upon return to employment? Answer: Yes, the employee may make catch-up contributions to a health flexible spending account (FSA) upon returning from leave, assuming the employer’s benefit plan document allows for […]

Latest News on the ACA

It was a busy week for news regarding the Affordable Care Act (ACA). Courts issued conflicting rulings on ACA subsidies, the IRS raised the threshold for “affordable coverage” under the employer mandate, and the IRS released drafts of forms related to the new employer reporting requirements for 2015. Conflicting Court Rulings on ACA Subsidies On […]

From the Hotline: Wage Replacement While on FMLA

Question: Is there any financial compensation available for employees on Family and Medical Leave Act (FMLA) leave through state or federal programs? Answer: Depending upon where the employee is located, there may be state assistance available for wage replacement. For example, California and New Jersey provide employees with temporary disability benefits through the state while […]

From the Hotline: Reduced Schedule: FMLA or PTO?

Question: What is the best course of action if an employee who is on a reduced schedule (leaves for 30 minutes every day) due to chemotherapy treatments but refuses to complete the Family and Medical Leave Act (FMLA) paperwork? He just wants to use PTO hours which he has plenty of. Can the employer mandate […]