October, 2006           

Hello .... and welcome to our October newsletter!

This month, along with our feature article we are excited to announce a brand new offering, the MJMS ...
HR Help Desk™'
We've designed this new offering for managers of small and growing businesses who need quick answers to occasional problems, questions or challenges. Details are found below.

Our feature article addresses an employer's obligation to maintain insurance coverage when an employee is on "Family Leave." The obligation actually varies based upon a couple of criteria ... do take a moment to review. Knowing the facts will eliminate any future confusion!

And... last but not least, we have our ongoing schedule for Sexual Harassment trainings. Remember, it is the law to have supervisors take this training if you have 50 or more employees.

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HR Help Desk™

FACT:

Employing a full-time human resources manager is expensive.  Not having expert human resources advice could be disastrous

MJ Management Solutions, Inc. has designed several programs to meet the individual needs and challenges of small and growing businesses.  The HR HELP DESK™ is designed, as stated above,  for managers who need quick answers to occasional problems, questions or challenges.
 
For subscribers, we respond via telephone or e-mail within 24 hours.

1 hour each month	$125.00
2 hours each month	$235.00
3 hours each month	$355.00

All packages include monthly e-newsletter HR Tips and Tools©
 
Subscribe now and receive our subscriber's special:
Monthly bulletins to keep you up to date and ahead of the
curve.  We address HR best practices including record keeping & compliance issues to limit your legal exposure.
 
(All programs require a minimum commitment of three months.)

UPDATED TRAINING SCHEDULE
SEXUAL HARASSMENT TRAINING FOR SUPERVISORS
Margaret Jacoby, PHR, in conjunction with Training One Source©,
will be conducting sexual harassment training that meets the requirements of AB 1825.

• Sexual Harassment training for supervisors is the law for companies with 50 or more employees.

 

• January 1, 2006 was the deadline for completing this training for your supervisors/managers.

 

• What about those supervisors/managers who were hired or promoted since your original training?

 

• What about those supervisors who were unable to attend the initial training?

This fast-paced two-hour interactive workshop is designed to educate participants about sexual harassment, raise their awareness of the causes and impact of harassment in the workplace, and present methods for preventing the occurrence of the problem.

For information on registering for one of the upcoming training sessions, Click Here

October 26	1:00 - 3:30PM
November 2	7:30 - 10:00AM
November 16	1:00 - 3:30PM
December 7	7:30 - 10:00AM

$99.00 Each Participant
5 or More From One Company - 10% Discount
Seating Is Limited ... SIGN UP EARLY!
 
Training Location:
Training OneSource, 110 Pine Ave. Suite 808, Long Beach, 90802

Continue to see this month's feature article ...

FAMILY LEAVE LAWS DETERMINE EMPLOYEE / DEPENDENT COVERAGE


Question: Can I require an employee to pay for his/her insurance on a leave?

This depends on where the employer is covered by the federal Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA).

Employers covered by these laws clearly are obligated to continue to pay for coverage on the same basis as if the employee had not gone on a leave. For example, if a covered employer pays 80 percent of the employee's insurance premium before the leave, the employer would continue to pay 80 percent during the FMLA/CFRA leave.

While nothing in the law prohibits the employer from continuing to pay for coverage beyond 12 weeks, generally, employers stop paying for coverage after the COBRA Notice has been provided to the employee.

Not only is the employee entitled to be provided with a COBRA Notice and Election Form or Cal COBRA rights, but an employer must provide those notices in a timely manner.

Question: Can I require the employee to pay 100 percent for dependent coverage?

Because the employer is required to continue coverage, it would not be appropriate for an employer to bill an employee 100 percent for dependent coverage during the leave if the employer paid 80 percent before the leave.

If, on the other hand, the employee was responsible for paying 100 percent for dependent coverage before the leave, he/she would continue to pay 100 percent during the leave.

Question: Can I require an employee to reimburse the company for the
cost of insurance during a leave?

An employer may require that the employee reimburse the employer for coverage under the FMLA if both of the following conditions are present:

• The employee fails to return from the leave or returns to work and works less than 30 days.
  
• 
  The employee's reason for failing to return to work is other than continuation, recurrence or onset of a serious health condition that would entitle the employee to FMLA/CFRA leave or other circumstances beyond the control of the employee.

Although an employer has the right to proceed in court against an employee for reimbursement, it is difficult and time consuming, and therefore rarely done.

Question: What about Non-FMLA/CFRA Employers?

Currently, no laws require an employer not covered by FMLA or CFRA to continue to pay for employee insurance coverage during a leave. What employers need to be aware of is discrimination issues that may arise by treating employees differently.

Employers should develop policies that clearly communicate employees' rights to continued insurance coverage and payment in advance of being placed on a leave. If no policy is in place, the employee may assume the employer will continue to pay for coverage.

Before formulating a policy, an employer always should check his/her own contract of insurance to see what provisions apply to a leave of absence and then clearly communicate to the employee how the insurance issue will be handled.

The source for this month's article is The Labor Law Corner.

ABOUT MJMS, INC.

President and Principal Consultant: Margaret Jacoby, PHR

Margaret Jacoby has more than 25 years of Human Resources and professional management experience in a variety of industries. She has designed human resources infrastructure and implemented systems to ensure compliance with state and federal employment laws. She has directed high quality human resources functions for small and emerging businesses, and served as an external consultant to a wide range of diverse organizations, including non-profits.
 
Her work has included: 

• Conducting H.R. Needs Assessments
• Drafting employee handbooks and policy manuals
• Conducting job analysis and developing position descriptions
• Conducting on-site compliance audits
• Counseling management on progressive discipline
  
• Drafting and review of employee disciplinary actions
• Providing mediation in employee/employee conflict
  
• Training employees/supervisors/managers in the implementation of human resources systems and policies such as Sexual Harassment
• Conducting workshops for business owners on H.R. compliance issues.

 
Ms. Jacoby has earned the nationally-recognized certification of Professional in Human Resources (PHR) from the HR Certification Institute, Society for Human Resource Management (SHRM).
 
Ms. Jacoby's professional affiliations include:

• Professionals in Human Resources Association (PIHRA)
• Society for Human Resource Management (SHRM)
• National Association of Women Business Owners, Los Angeles
  (NAWBO-LA)
• California Chamber of Commerce
• Long Beach Community Business Network (LBCBN)
• Institute for Management Consultants (IMC)
• Los Angeles Area Chamber of Commerce