Comply on the Fly

Can a new employee take federal FMLA to bond with a child following birth or placement for adoption?  Answers to FMLA eligibility questions such as this one are always very fact-specific. This episode of Comply on the Fly covers what you need to know to correctly determine FMLA leave for your employees' with growing families. _____________________________ Turn to M3 and  Karen B. (Breitnauer)  for...

I need help regarding eligibility for a part-time employee. The employee was hired in may of 2022. And for the past 10 weeks, he has worked 30 or more hours per week. We use the look back measurement method. Without a full year of data, should we be offering him benefit?  The answer to this question requires a grasp of the ACA (Affordable Care Act) shared responsibility requirements, proper catego...

What is the Medicare Part D creditable or non-creditable coverage notice, who do I need to provide it to, and how? Get the answer to this question in just three and a half minutes in this episode of Comply on the Fly. The Medicare Part D Creditable or Non-Creditable Coverage notice must be provided prior to October 15th every year, the annual start of Medicare Part D open enrollment. Turn to M3 an...

Can you please verify if it's mandatory in Wisconsin to run workers' compensation benefits and FMLA concurrently?  This episode of Comply on the Fly helps employers understand how to handle situations where an employee qualifies for both federal FMLA and Wisconsin state leave concurrently.  _____________________________ Turn to M3 and  Karen B. (Breitnauer)  for quick and timely answers to the mos...

We have an employee who is nearing age 65. Can we require that the employee drop our group health plan coverage and go on Medicare?  Well, the simple answer is no, however, it is extremely important for your retirement age employees to fully understand their options surrounding Medicare. This episode of Comply on the Fly can help. _____________________________ Turn to M3 and  Karen B. (Breitnauer)...

How many hours can an employee work and still be eligible for benefits? We have a full time employee, but this employee has only been working 25 hours per week for the past few months.  While there are no simple answers to determining benefit eligibility for certain employees, this episode of Comply on the Fly offers pointers on how to look at your policy documents to determine benefit eligibility...

I forgot to provide the COBRA election paperwork to a terminated employee several months ago. What should I do?  Failing to provide the required COBRA election notices can lead to significant consequences for non-compliance. This episode of Comply covers corrective actions to take around missed COBRA election notices. Turn to M3 and  Karen B. (Breitnauer)  for quick and timely answers to the most...

Am I required to make premium adjustments to COBRA at any time? And how do I handle open enrollment for COBRA participants?  These are great questions as we are heading into fourth quarter, which for many is also the renewal season around calendar year plans. This is the time to look at your COBRA rates and make sure that you are making any necessary adjustments.  Turn to M3 and  Karen B. (Breitna...

Do you know the ACA, or Affordable Care Act, shared responsibility affordability percentage for 2023?  On August 1st, 2022, the IRS issued revenue procedure 2022-34, which included an adjusted affordability percentage for 2023. The percentage was reduced to 9.12% for 2023, a substantial decrease from the 9.61% in 2022. This episode of Comply on the Fly covers how this change will affect offers of...

What non-discrimination rules apply to my health plans?  This is a seemingly easy question with a pretty complex and multifaceted answer. This episode of Comply on the Fly explores HIPAA non-discrimination requirements. Turn to M3 and  Karen B. (Breitnauer)  for quick and timely answers to the most common employee benefits compliance questions.  ____________________________________________________...

How do I handle temporary employees or interns for Affordable Care Act (ACA) purposes?  This refresher episode of Comply on the Fly reminds large employers of how to remain compliant with their ACA shared responsibility provisions around seasonal employees & interns.  Turn to M3 and  Karen B. (Breitnauer)  for quick and timely answers to the most common employee benefits compliance questions. ...

What is a SAR and what do I do with it?  This Comply on the Fly covers ERISA and Summary Annual Report (SAR), and offers guidelines for delivering the report to your plan participants. Turn to M3 and  Karen B. (Breitnauer)  for quick and timely answers to the most common employee benefits compliance questions.  _____________________________________________________________________ Please note: This...

As the 2022 PCORI fees deadline approaches, this episode of Comply on the Fly provides a refresher on how to determine if - and what - you owe. What are the PCORI fees for 2022 and when are they due?  This episode of Comply on the Fly reviews what PCORI fees are and when they apply, and provides information around them for 2022.  Turn to M3 and  Karen B. (Breitnauer)  for quick and timely answers...

What do I do if an employee qualifies for both federal FMLA and leave provided by state law?  This episode of Comply on the Fly can help you determine leave eligibility under federal FMLA and state law - and what to do when an employee qualifies for both. Turn to M3 and  Karen B. (Breitnauer)  for quick and timely answers to the most common employee benefits compliance questions.  ________________...

I've never heard of the COBRA Notice of Unavailability - can you tell me what this is?  Though many employers are unware of the COBRA Notice of Unavailability, it is a required notice and included on the document request for DOL audits. This episode of Comply on the Fly covers what employers need to know about it providing this notice to employees.   Turn to M3 and  Karen B. (Breitnauer)  for quic...

Can you tell me a bit more about those transparency requirements that go into effect July 1st, 2022?  The requirements around transparency can be complicated. This episode of Comply on the Fly covers the transparency in coverage rules found in the Affordable Care Act (ACA) as well as those found in the Consolidated Appropriations Act (CAA).   Turn to M3 and  Karen B. (Breitnauer)  for quick and ti...

How do I handle new employees if I am subject to the Affordable Care Act employer shared responsibility provisions, and I'm utilizing the look back measurement method?  This episode of Comply on the Fly covers how to assign the right status to new employees when using the look back measurement method for ACA compliance purposes. ( Episode 34 covers the look back measurement method.) Turn to M3 and...

How do I determine if an employee is full-time for ACA purposes?  This episode of Comply on the Fly covers the look back measurement method in determining the number full time and full time equivalent employees for ACA compliance purposes. ( Episode 33 provides an overview of the monthly measurement method.) Turn to M3 and  Karen B. (Breitnauer)  for quick and timely answers to the most common emp...

How do I determine if an employee is full-time for ACA purposes?  This episode of Comply on the Fly covers the monthly measurement method in determining the number full time and full time equivalent employees for ACA compliance purposes.  ( Episode 34 covers the look back measurement method.) Turn to M3 and  Karen B. (Breitnauer)  for quick and timely answers to the most common employee benefits c...

What are the PCORI fees for 2022 and when are they due?  This episode of Comply on the Fly reviews what PCORI fees are and when they apply, and provides information around them for 2022.  Turn to M3 and  Karen B. (Breitnauer)  for quick and timely answers to the most common employee benefits compliance questions.  _____________________________________________________________________ Please note: T...

What are the HSA limits for calendar year 2023?  The IRS recently issued revenue procedure 2022-24, covering pertinent information around HSA-compatible plan offerings for 2023. This episode of Comply on the Fly covers the increased limits so employers can be prepared.  Turn to M3 and  Karen B. (Breitnauer)  for quick and timely answers to the most common employee benefits compliance questions.  _...

How do I handle temporary employees or interns for Affordable Care Act (ACA) purposes?  As we head into the summer months, many employers are looking to hire seasonal employees and interns. This episode of Comply on the Fly can help large employers remain compliant with their obligations under ACA shared responsibility provisions. Turn to M3 and  Karen B. (Breitnauer)  for quick and timely answers...

What are the HIPAA non-discrimination rules and how do I apply them to my plans?  HIPAA Non-discrimination rules can be confusing because there are non-discrimination rules that apply in the taxation context and rules that don't. This episode of Comply on the Fly can help employers clear confusion around HIPAA non-discrimination rules. Turn to M3 and  Karen B. (Breitnauer)  for quick and timely an...

Can I offer cash to my employees who waive health insurance?  Opt-out arrangements allow employers to provide cash to an employee who waives group health plan coverage. This episode of Comply on the Fly covers what employers need to know about 'cash-in-lieu' of coverage arrangements. Turn to M3 and  Karen B. (Breitnauer)  for quick and timely answers to the most common employee benefits compliance...

If an employee does not return to work after having a baby, and if offered COBRA, can the baby be enrolled on her COBRA plan?  When it comes to COBRA & special enrollment rules regarding newborn dependents, it's all about timing. This episode of Comply on the Fly covers considerations around this topic. Turn to M3 and  Karen B. (Breitnauer)  for quick and timely answers to the most common empl...