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EL Today Masthead
December 22, 2009

IN THIS ISSUE:

 

1. Feature Story: COBRA Subsidy Extension Signed By President


2. Cathie's Corner: Taking Advantage Of Down Time (If You Have Any!)

3. Internal Communications Lose Qualified Privilege In Defamation Claim


4. Free Report: The Top 10 FMLA Compliance Problems Under The New Regulations

5. HR Soapbox: Here's To A Healthier You (And Employees!) In 2010

AHI's We Couldn't Make This Up

Officials at Miami International Airport received a call and an e-mail claiming that there was a bomb on a plane about to take off.  They investigated and, fortunately, didn't find a bomb, so they turned their efforts to determining who made the threat.  They tracked the e-mail to the computer of a South Florida woman.  She admitted making the fake threat.  When asked why, she told investigators that her boss was supposed to be on the flight, but wasn't because her actions delayed him.  She thought the bomb threat would buy him the time necessary to make the flight.  She is currently being held on $7,500 bail.

This will be the last Employment Law Today of 2009.  Your next issue will be mailed on January 5.  AHI wishes you the happiest of holidays and all the best in 2010!

1. FEATURE STORY: COBRA SUBSIDY EXTENSION SIGNED BY PRESIDENT

 

Eligibility for the 65% COBRA subsidy that was enacted by the American Recovery and Reinvestment Act of 2009 (ARRA) in February 2009, was set to expire December 31, 2009.  Both the House and Senate passed a temporary extension on December 16 and December 19, respectively.  On December 19, President Obama signed the extension into law.  Here's what you need to know.

 

The COBRA subsidy eligibility period is extended for an additional two months, to February 28, 2010.  Employees who are involuntarily terminated between January 1, 2010, and February 28, 2010, are now eligible for the subsidy.  Also new: Eligibility is based on the date of the involuntary termination and without regard to the date of the loss of coverage.

 

Currently, the maximum COBRA subsidy period is nine months.  The new law adds six months, extending the maximum period to 15 months.  This means that an individual whose subsidy period would have ended after nine months on March 1, 2010, can continue receiving the subsidized premium until September 1, 2010.

 

The new legislation requires employers to notify those who are assistance-eligible individuals (AEIs) on or after October 31, 2009, of the new 15-month subsidy period.  This notice needs to be sent by February 17, 2010, which is 60 days after the legislation was enacted.  The government is expected to provide model notices.

 

The new legislation also provides for retroactive payments and coverage to AEIs who stopped paying COBRA premiums due to the cost after they exhausted their subsidy period.  AEIs are allowed to reinstate coverage and pay the subsidized premiums retroactive to the date they stopped paying the COBRA premium.  For example, if an individual's subsidy ended December 1, and they failed to pay their December premium due to the cost, they would be entitled to coverage at the subsidized rate retroactive to December 1.  If they continued COBRA coverage and paid the full amount, they would be entitled to a refund or credit.

CAN SWITCHING TO A PTO PROGRAM REDUCE UNSCHEDULED ABSENCES IN YOUR ORGANIZATION?

 

Find out the answer in AHI's Report...  2009 PTO Survey 

 

2009 Survey Of Traditional Time Off And PTO Program Practices

 

Plus, this report will show you how your current (or planned) paid time off program stacks up against those of other employers when it comes to questions like:

  • How much does your leave policy give for paid time off, vacation leave, and sick leave?
  • Can employees borrow, carry over, cash out…how much and when?
  • Is unused vacation/PTO paid upon termination?
  • When do employees acquire the time they can use to take days off?
  • What's the biggest problem pinpointed by PTO practitioners?

Visit our website to to learn more. Or, if you prefer to order by phone, please call 800-879-2441 and mention product code: G16455.

2. CATHIE'S CORNER: TAKING ADVANTAGE OF DOWN TIME (IF YOU HAVE ANY!)

 

We're coming upon the end of the year, and that means things get busy with year-end closings, open enrollment, budget reviews, and all the other things that go along with it.  But a few weeks from now, if you're like many of us, things will slow down a bit.  In fact, for many of us, January and February can be a dead time.  Here are a few suggestions on how to make the most of it....Continue the story.

3. INTERNAL COMMUNICATIONS LOSE QUALIFIED PRIVILEGE IN DEFAMATION CLAIM

 

Internal communications among management personnel generally have a "qualified privilege" that protects the communication from defamation claims. The purpose of the privilege is to encourage the free flow of information necessary for making efficient, intelligent employment decisions. The privilege has limits, though. It can be lost if...Continue the story.

4. FREE REPORT: THE TOP 10 FMLA COMPLIANCE PROBLEMS UNDER THE NEW REGULATIONS

 

Check out the Free Report, "The Top 10 FMLA Compliance Problems Under The New Regulations," which is filled with expert insight on avoiding the compliance problems that continue to plague employers under the final Family and Medical Leave Act (FMLA) rules.  Get advice on managing unscheduled intermittent leave and light-duty assignments; clarifying health care provider certifications; understanding how the FMLA interacts with the Americans with Disabilities Act, Workers' Compensation, and short-term disability; and more.  Plus, the report summarizes how the National Defense Authorization Act (NDAA) has expanded the FMLA's family military leave provisions to protect even more individuals.

5. HR SOAPBOX: HERE'S TO A HEALTHIER YOU (AND EMPLOYEES!) IN 2010

 

If you're anything like me, you're gearing up to make some healthy 2010 resolutions.  Especially since, for the last few weeks now, I've been telling myself, "It's okay, sleep in and indulge in that cookie/cake/pie.  It's the holidays.  I'll get back to exercising and watching what I eat after the holidays."...Continue the story.

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