| Volume 18 | Issue 11 |
Source for Employer Empowerment |
November 2010 |
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Important FMLA Updates and Notifications
In 1993, an important piece of legislation passed, allowing employees to take time away from work to care for themselves or family members with serious health conditions without fear of detrimental action taken against their employment. This legislation was titled Family Medical Leave Act of 1993 (FMLA). Over the last few years, the law has been amended to help clarify and enhance certain aspects. In essence, the law allows eligible employees the opportunity to take unpaid time to care for themselves or a qualified family member, for a birth of a child or placement of a child for foster care or adoption, or to care for qualified military members. An eligible employee is defined as one having worked for an employer for at least one year and having worked at least 1,250 actual work hours in the twelve months prior to beginning the leave.
In addition to federal mandates and responsibilities, many states have initiated additional responsibilities and protections to employees. Resource Management, Inc. (RMI) has assumed this responsibility to administer FMLA leaves of absences for its clients. While FMLA can seem very complex and daunting, simple steps can be taken to help RMI alleviate abuse and maintain a strong workforce.
Recently, the Department of Labor (DOL) released updated "Administrators Interpretations" on FMLA, as well as updated case studies to help employers manage and correctly classify FMLA leaves of absence. There are two issues of importance: (1) the DOL has clarified the intent and meaning of "son and daughter;" and (2) the necessity to monitor and track intermittent FMLA leave.
1. Son and Daughter Definition Update. In "Administrator's Interpretation" No. 2010-3, the DOL clarified the definition of "son and daughter" as it applies to an employee standing in loco parentis or in place of the parent. The current definition of a son or daughter under the FMLA includes not only a biological or adopted child, but now also includes a "foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis." FMLA goes on to further define in loco parentis as including those with day-to-day responsibilities to care for and financially support a child.
It is the DOL's interpretation that either day-to-day care or financial support may establish an in loco parentis relationship where the employee intends to assume the responsibilities of a parent with regard to a child. The new interpretation does not require the employee to establish that he/she provides both day-to-day care and financial support in order to be found to stand in loco parentis to the child. Where the employer has questions about whether an employee's relationship to a child is covered under the FMLA, the employer may require the employee to provide reasonable documentation or statement of the family relationship. A simple statement asserting that the requisite family relationship exists is all that is needed in situations such as in loco parentis where there is no legal or biological relationship.
As employees request time off to care for a family member, please refer them to RMI. RMI in turn can help determine if the employee is eligible for FMLA and ensure correct documentation and administration of the leave. The sooner the employee is in touch with RMI the sooner it can be determined what protections and benefits are available to the employee.
2. Tracking Intermittent FMLA Usage. Intermittent FMLA has proven to be the most difficult aspect of administering FMLA for an employer. Intermittent FMLA allows an employee to take time for a qualified event in blocks of time or by means of a reduced/modified work schedule. An employee might need one day off per week to care for an ailing parent or, due to their own medical condition, might need to modify their work schedule to allow time during the day to attend medical appointments for treatment. Whatever the circumstances behind the leave, intermittent FMLA provides an opportunity for the employee to abuse the allowed time and take advantage of the employer.
The most common area of intermittent FMLA leave abuse lies in the failure to clarify the reason an employee is missing work. In the medical certification the employee provides to RMI for intermittent FMLA, the treating physician will indicate a diagnosis and approximate times per month the employee will be expected to miss work. This certification does not provide employees the freedom to take time away from work for any reason and have it classified as FMLA. For instance, if an employee is approved to take intermittent FMLA to care for an ailing parent, only absences related to that specific circumstance should be counted. If the employee calls in and indicates that they need to stay home due to an unrelated personal illness that is not covered under the open FMLA claim. Employers must be vigilant in monitoring and reporting to RMI when an employee uses intermittent FMLA. The employer must report only hours taken that relate to the leave while holding the employee responsible under attendance policies for other unapproved absences.
By holding employees accountable to the terms of their intermittent FMLA, any sense of entitlement diminishes and the employee learns quickly not to try to take advantage of the modified schedule. Be consistent and direct. Remember that FMLA is a federal requirement and may be a protected right of most employees.
The best practice with a potential FMLA leave of absence is to have the employee contact their HR Representative at RMI to determine eligibility. The HR Representative is able to determine what benefits should be granted and to determine what documentation should be required to administer the leave. FMLA leaves of absence are one area where we all must work together to make the entire process work.
If you have any questions or concerns or if you need clarification on FMLA leave of absence, please contact your HR Representative at your local RMI office. |
| Upcoming RMI Holidays |
In observance of the upcoming holidays, RMI will be closed on the following dates:
Thanksgiving Holiday
Thursday, November 25 and Friday, November 26
Christmas Holiday
Friday, December 24 and Monday, December 27
New Year’s Holiday
Friday, December 31 |
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| Minimum Wage Increasing In Some States |
With 2011 quickly approaching, it is important to be aware that several states and local governments are increasing their minimum wage on January 1, 2011. The current federal minimum wage is $7.25 per hour, which may be higher or lower than some states' or local governments' minimum wage. Whichever wage is higher is the minimum wage that is required to be paid. The following table indicates the current state minimum wages and upcoming changes that have been announced to date:
| State |
Current Hourly Minimum Wage |
Future Hourly Minimum Wage |
| Alabama |
No State-Mandated Minimum Wage |
| Alaska |
$7.75 |
None |
| Arizona |
$7.25 |
$7.35, effective 1/1/11 |
| Arkansas |
$6.25 |
None |
| California |
$8.00 |
None |
| Colorado |
$7.24 |
$7.36, effective 1/1/11 |
| Connecticut |
$8.25 |
None |
| Delaware |
$7.25 |
None |
| District of Columbia |
$8.25 |
None |
| Florida |
$7.25 |
None |
| Georgia |
$5.15 |
None |
| Hawaii |
$7.25 |
None |
| Idaho |
$7.25 |
None |
| Illinois |
$8.25 |
None |
| Indiana |
$7.25 |
None |
| Iowa |
$7.25 |
None |
| Kansas |
$7.25 |
None |
| Kentucky |
$7.25 |
None |
| Louisiana |
No State-Mandated Minimum Wage |
| Maine |
$7.50 |
None |
| Maryland |
$7.25 |
None |
| Massachusetts |
$8.00 |
None |
| Michigan |
$7.40 |
None |
| Minnesota |
$6.15 (Exceptions Apply) |
None |
| Mississippi |
No State-Mandated Minimum Wage |
| Missouri |
$7.25 |
None |
| Montana |
$7.25 (Exceptions Apply) |
$7.35, effective 1/1/11 |
| Nebraska |
$7.25 |
None |
| Nevada |
$7.25 (Exceptions Apply) |
None |
| New Hampshire |
$7.25 |
None |
| New Jersey |
$7.25 |
None |
| New Mexico |
$7.50 |
None |
| New York |
$7.25 |
None |
| North Carolina |
$7.25 |
None |
| North Dakota |
$7.25 |
None |
| Ohio |
$7.30 (Exceptions Apply) |
$7.40, effective 1/1/11 |
| Oklahoma |
$7.25 (Exceptions Apply) |
None |
| Oregon |
$8.40 |
$8.50, effective 1/1/11 |
| Pennsylvania |
$7.25 |
None |
| Puerto Rico |
$7.25 (Exceptions Apply) |
None |
| Rhode Island |
$7.40 |
None |
| South Carolina |
No State-Mandated Minimum Wage |
| South Dakota |
$7.25 |
None |
| Tennessee |
No State-Mandated Minimum Wage |
| Texas |
$7.25 |
None |
| Utah |
$7.25 |
None |
| Vermont |
$8.06 |
$8.15, effective 1/1/11 |
| Virginia |
$7.25 |
None |
| Washington |
$8.55 |
$8.67, effective 1/1/11 |
| West Virginia |
$7.25 |
None |
| Wisconsin |
$7.25 |
None |
| Wyoming |
$5.15 |
None |
| Local Government |
Current Hourly Minimum Wage |
Future Hourly Minimum Wage |
| Pima County, AZ |
$9.67, or $8.60 if health benefits are provided. |
$10.82, or $9.63 if health benefits are provided, effective 1/1/11. |
| San Francisco, CA |
$9.79 for all employers,
$11.54 for commercial businesses contracted with the city,
$11.03 for nonprofit businesses contracted with the city. |
$9.92 for all employers,
$11.69 for commercial businesses contracted with the city,
$11.03 for nonprofit businesses contracted with the city, effective 1/11/11. |
For more information on minimum wage, please contact you RMI HR Representative or Payroll Manager. |
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| Urgent Care vs. Emergency Care |
Where would you go if you thought you had a broken bone? Would you go to the hospital emergency room? If so, you may be wasting time and money and not getting the most efficient care. Many employees use the emergency room for conditions that can be treated more efficiently in either a doctor's office or at an urgent care facility.
Did you know that the average emergency room visit will cost an employee $238? This is almost ten times the amount of an office visit co-pay on most of RMI's Group Health Plans. Treatment in an emergency room is very expensive and those higher costs are passed along to employees in the form of higher out-of-pocket costs and sometimes, even higher premiums.
While it may sometimes be necessary to obtain medical treatment in your local emergency room, employees may be surprised as to the types of services that can be performed in an urgent care facility such as:
- Sore throats
- Sprains
- Strains
- Minor cuts and stitches
- Nausea and vomiting
- Broken bones
- Earaches
Most urgent care facilities do not require an appointment and typically have extended hours, allowing you to visit them after working hours and on weekends.
When asked, employees all seem to know where their nearest emergency room is located but few are aware of where the nearest urgent care facility is. You should take the time before the need arises to locate and know how to get to your nearest urgent care facility. RMI has posted a link to the Beechstreet urgent care centers on the front page of our website for easy access (www.rminc.com). We have also distributed magnets, as well as complete listings of the Beechstreet-approved facilities, to our employees over the past year. GroupHealth also provides similar information on their web page.
Knowing when to use the emergency room and when to use an urgent care facility can save you hundreds of dollars, will provide you with more efficient care, and in the long run, keep your medical premiums down. No one wants to spend hours in an emergency room only to pay hundreds of dollars for the visit.
If you would like more information in regards to urgent care vs. emergency care, if you need assistance in locating your nearest urgent care facility, or if you would like some of the materials mentioned above, please contact RMI's Benefits Department at (888) 764-0200. |
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| S-Corp Health Insurance Contributions and Your W-2 |
During the month of November, the RMI Payroll Department will be contacting all S-Corp businesses to confirm each company's current list of 2% or more shareholders. If you are an S-Corp shareholder of 2% or more and your company paid for all or some of your health premiums in 2010, these premiums will need to be shown as federal taxable wages on your 2010 Form W-2. These wages will not be subject to Social Security or Medicare (FICA) or Unemployment (FUTA) taxes. These wages will be included in Box 1 (Wages) of the Form W-2.
At the end of the year, the RMI Payroll Department will process a "Owner Health Contribution Payroll" for all S-Corp 2% or more shareholders. Depending on the state your business is located in, your "Owner Health Contribution Payroll" may or may not generate a small invoice for Worker's Compensation/Risk Management.
If you have any questions, please contact RMI's Payroll Director, Megan Smith, at 888-764-0200 or megan@rminc.com. |
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| Winter Driving Safety Tips |
Driving requires all the care and caution possible any time of year, however, winter driving has even greater challenges because of wet and icy road surfaces, longer hours of darkness and poor visibility because of snow, rain and fog.
The following are twelve tips to help you drive more safely this winter:
1. Allow enough time to get to your destination. Rushing in difficult driving conditions can lead to an accident. Turn your radio on to listen to the road report and weather forecast. Leave a few minutes earlier in the morning, and allow plenty of time to get to work. Buckle your seat belt or safety restraint before you start driving.
2. Stay alert. Don't drive when you are under the influence of alcohol, drugs or certain medications. Read the labels of prescription drugs and over-the-counter medicines to determine if they can cause drowsiness. Driving demands your full attention.
3. Stay calm. Sometimes other drivers will become frustrated with slow-moving traffic. Keep your temper and don't let other drivers aggravate you. Maintain a safe speed and drive defensively.
4. Keep a safe distance between you and other vehicles. The "two second rule" works well on dry roads and in ideal conditions, but in winter you should extend it to four seconds. Watch the vehicle directly ahead of you. As it passes a stationary object start counting - "one thousand and one", "one thousand and two", and so on. Your vehicle should not pass the same object until you say the word "four."
5. Keep your car well-maintained and in good working order. This includes having good tread on your tires, the engine tuned-up for winter, and all lights functioning properly. In colder climates, you may need to add anti-freeze to the radiator. In some areas, gasoline antifreeze may be required.
6. Clean your windows and headlights frequently. Keep your windshield washer fluid topped up. Good visibility is essential to safe driving. Clean your windows and headlights of ice or snow before starting out, and repeat frequently throughout your trip.
7. Drive appropriately for the road conditions. The posted speed limit may be too fast under winter conditions. Driving on a wet road can cause hydroplaning as a thin barrier of water builds up between your tires and the road surface, causing your vehicle to slip. If you begin to lose control of your steering, take your foot off the gas.
8. Stay with your vehicle if it breaks down. Put on your emergency flashers and wait for assistance. Carry a sign for your window, asking other motorists to tell the police you need help.
9. Wait out bad weather. Strong icy winds in combination with snow or dust can make it impossible to see where you are driving or walking. Under these conditions it is usually safest to stay with your vehicle and wait out the storm.
10. Plan your moves carefully. In slippery conditions, never jam on your brakes in a panic stop, you will most likely skid and lose control of the vehicle. Instead, pump your brakes gently a few times.
11. Avoid driving through deep puddles, especially at high speeds. The water can make your brakes less effective and, if deep enough, can cause serious engine damage. If you must drive through water and you are not sure about the depth, slow right down and cautiously inch forward until you are certain it is safe.
12. Quit driving when you begin to feel sleepy. If you have a long distance to drive, take frequent short breaks for fresh air and a walk around the vehicle.
Winter driving can be challenging, especially if driving is a part of your job. Take your time and plan ahead. For additional information in developing your fleet safety program or training, please contact your HR Representative. |
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Safety can be a complicated business, when you consider the rules and regulations for dealing with hazards involving chemicals, gases and fast-moving machinery. In many situations, safe behavior is simply responsible behavior. In fact, there is a striking resemblance between the rules we learned in childhood for being responsible around home or school, and the guidelines for safe behavior at work.
As children, we learned that we were supposed to clean up any messes we made and we were not to touch dangerous items without permission and supervision. These and other simple guidelines are also important for working safely as adults.
Here are some tips for working safely. They will probably sound pretty familiar; we have been told these things for years:
- If you make a mess, clean it up. Many accidents are caused by spills and clutter on the floor. Accumulated debris has provided fuel for many workplace fires. A spill of coffee may seem insignificant, but it can contribute to a serious slip and fall by a co-worker.
- Report any hazards to your supervisor. This can include unsafe working conditions and unsafe procedures.
- If you move it, put it back. Keeping things where they belong reduces clutter in the work area, and also reduces the chance of accidents.
- If you open it, then close it. Fire doors are a good example of something you should always close behind you.
- If you turn it on, you should turn it off. Don't assume that someone else will do so. In fact, don't assume anything.
- If you unlock it, lock it again. Security is everyone's responsibility.
- If you use it, take good care of it. This includes your Personal Protective Equipment such as hard hats, safety-toed footwear and earplugs. Follow the manufacturer's instructions for maintenance.
- If you break it, repair it if authorized and qualified to do so. Do not leave it for someone else to find. Damaged tools and equipment cause many injuries.
- If you are not able or authorized to fix it, report the problem so that it will be taken care of. Damaged tools and equipment should be removed from service. They should be tagged and turned in for repair or replacement.
- If it belongs to someone else and you want to use it, ask for permission. You might obtain some valuable information about how to use a tool or piece of equipment if you talk to the operator.
- If you borrow it, return it to the owner. Time wasted looking for missing safety equipment and tools could be better spent on other tasks. If a co-worker cannot find the gear which you borrowed, he may be tempted to improvise unsafely.
- If you aren't authorized to operate it, keep your hands off. Forklifts are an example of a machine which has injured many unauthorized, untrained operators.
- If it doesn't concern you, don't meddle with it. Just think of the consequences of interfering with someone else's lockout-tagout arrangement, or meddling with someone's fall arrest protection.
Safety is full of complicated regulations and instructions, but much of it boils down to some simple basics. For assistance in developing your safety program or training, please contact your HR Representative. |
| To access the online Workplace Safety Training Log click here. |
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Copyright © 2010 Resource Management, Inc. All rights reserved.
Client & Employee Newsletter, Source for Empowerment is published monthly by Resource Management, Inc. Client & Employee Newsletter features issues of importance to our clients and their employees. It is intended to provide general information and should not be construed as legal advice. We welcome your comments, questions, and concerns. |
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Toll Free: (888) 764-0200 | 510 South 200 West, Salt Lake City, UT 84101
www.rminc.com |
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