United Benefit Advisors Insight and Analysis Blog

Going Where Others Fear to Tread: When COBRA and the FMLA Cross Paths

Posted by: Jennifer Stanley    Nov 8, 2016 10:30:00 AM

In some of my previous blogs, the foundation of the Consolidated Omnibus Reconciliation Act of 1985 (COBRA) continuation coverage was reviewed. Now that the groundwork has been laid, it is time to tread into the territories (or laws) where employers can lose their footing. The area covered in the following is that of the intersection of COBRA and the Family and Medical Leave Act of 1993 (FMLA).

Read More

Topics: FMLA, COBRA, COBRA continuation coverage, qualifying event, employee leave, Jennifer Stanley

Employers Ask: What happens to benefits eligibility during an unpaid leave of absence?

Posted by: Danielle Capilla    Mar 8, 2016 12:00:00 PM

Question: If an employee of an applicable large employer takes an unpaid leave of absence (not Family and Medical Leave Act), what happens to their benefit eligibility during that time?

Read More

Topics: FMLA, leave of absence, Danielle Capilla, counting employees

Definition of "Spouse" Updated for FMLA

Posted by: Linda Rowings    Mar 26, 2015 12:00:00 PM

The Department of Labor has issued an updated definition for “spouse” under the Family and Medical Leave Act (FMLA) to make compliance with FMLA easier for both employers and employees. The new regulations will be effective on March 27, 2015, and will define “spouse” as a husband or wife, which refers to a person “with whom an individual entered into marriage as defined or recognized under state law.” The governing state law is that of the “celebration state” or where the marriage took place. Residency of the employee or the state of the employer will no longer have any bearing on the definition of “spouse” for purposes of FMLA. This change means that the same criteria for determining whether an employee is legally married will apply to both benefits and FMLA eligibility determinations.

Read More

Topics: FMLA, same sex marriage, spouse, common law marriage, Family and Medical Leave Act

FMLA and Same-Sex Spouses

Posted by: Bill Olson    Jul 8, 2014 3:10:00 PM

Last June, the U.S. Supreme Court ruled that a part of the Defense of Marriage Act (DOMA) that limits the definitions of "marriage" and "spouse" to opposite sex marriages and spouses is unconstitutional. Since then, the Department of Labor (DOL), the Internal Revenue Service (IRS), and the Department of Health and Human Services (HHS) have issued several notices that provide that, for purposes of federal taxes and employee benefits, a person legally married to a same-sex person in any state or foreign country is considered married even if he or she moves to a state that does not recognize same-sex marriages.

Read More

Topics: FMLA, health insurance exchanges, private insurance exchange, health marketplace, employee wellness, PPACA, retirement, small group employers, same sex marriage, gay marriage, benefit communication, benefit consultants, benefit management, compliance with health care reform, employee health, group health insurance, healthcare consumerism, health plan compliance, health reimbursement account, insurance solutions, medical plan, self funded health plans, Group health plans, small business, family medical leave, leave of absence, fmla abuse

Top 10 FMLA Employer Mistakes

Posted by: Bill Olson    Jul 3, 2014 12:06:00 PM

The Family and Medical Leave Act (FMLA) regulations that became effective in 2009 provide employers with mechanisms by which we can better curb FMLA abuse. However, there are also some traps employers can fall into if they do not review the regulations carefully and administer leave requests appropriately. 

Read More

Topics: FMLA, health insurance exchanges, private insurance exchange, health marketplace, employee wellness, PPACA, retirement, small group employers, benefit communication, benefit consultants, benefit management, compliance with health care reform, employee health, group health insurance, healthcare consumerism, health plan compliance, health reimbursement account, insurance solutions, medical plan, self funded health plans, Group health plans, small business, family medical leave, leave of absence, fmla abuse

A Simple Solution for Intermittent Leave and FMLA

Posted by: Michael Humphrey, MLHR    Jul 30, 2013 12:12:00 PM

By Mike Humphrey
Sr. Employee Benefits Advisor
The Wilson Agency, a UBA Partner Firm

Read More

Topics: HR webinars, FMLA, employment law, UBA, hr consulting

Keys to Managing FMLA

Posted by: Bill Olson    Jul 12, 2013 11:35:00 AM

Read More

Topics: HR webinars, FMLA, disability management, UBA, HR compliance

The Check is NOT in the Mail

Posted by: Lesa Caputo    Feb 15, 2013 2:02:00 PM

By Lesa Caputo, Benefit Advisor
Beneflex Insurance Services, A UBA Partner Firm

Read More

Topics: wellness, health care costs, FMLA, employee wellness, Long-Term Care, employee benefits, hr consulting, health care