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Compensation & Benefits

Business and tax provisions in the Small Business Jobs & Credit Act of 2010

10/13/2010

With the economy still struggling and lawmakers looking to take some sort of pro-business action before the November elections, Congress passed the Small Business Jobs Act in September, a $42 billion measure to provide tax breaks and loan assistance to small businesses. President Obama signed the bill on Sept. 27, 2010. Here are the highlights of this legislation that affect businesses:

New rules make it easier to appeal health claim denials

10/13/2010
Regulations released last month by the U.S. Department of Labor guarantee people the right to appeal health insurance claims denials directly to their insurers—and then, if necessary, to an external review board.

The HR I.Q. Test: October ’10

10/13/2010
Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

On eve of flu season, know what FMLA covers

10/12/2010

After last year’s swine flu scare, there’s good reason to worry about the upcoming flu season. A serious outbreak could incapacitate employers operating with lean staffing. Some employees may want to take time off if they suspect they’re coming down with the flu. And at least some of those workers may assume that sick time off will be covered by the FMLA. That’s where things get tricky.

Did child labor penalties just get tougher?

10/12/2010
Q. I heard that the U.S. Department of Labor recently implemented tougher penalties against employers that illegally employ child workers. How have these penalties changed?

What’s the new Illinois minimum wage?

10/12/2010
Q. We’re looking to hire a few new workers. What is the least amount we need to pay them?

How will the new Illinois Family Military Leave Act amendment affect us?

10/12/2010
Q. How does the recent amendment to the Illinois Family Military Leave Act affect employers?

Remember: You must consider chronic conditions when employees request FMLA leave

10/12/2010
Employers sometimes mistakenly focus only on the FMLA provision that defines a serious health condition as one that incapacitates an employee for three calendar days or more. Don’t focus solely on illnesses of three days’ duration. If the employee has a brief flare-up of an underlying condition that has been treated in the past, he may be eligible for FMLA leave.

Feel free to set generous FMLA notice terms, but rely on the law if you wind up in court

10/12/2010
Some employers cut more slack than the FMLA requires when employees fail to give timely notice that they want to take FMLA leave. The company typically might send an employee a letter informing her that, since she didn’t show up for her last scheduled shift or offered an explanation, she has five days to return or explain why she can’t work. If the reason is one covered by the FMLA, she may already have lost the right to claim FMLA leave.

What should we do when an employee provides conflicting FMLA certification notes?

10/12/2010
Q. An employee seeking FMLA leave presented medical certification from her doctor that stated that her medical condition didn’t prevent her from performing the essential functions of her job. A few days later, she presented a second form that stated the opposite. Can we hold her to the first certification, or do we have to accept the second form and grant FMLA leave?