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FMLA, COBRA, HIPAA, and ERISA

Briefly defines FMLA, COBRA, HIPAA, and ERISA
Describes one current issue that employers should be or are concerned with under each act.
For each current issue identified, describes why this issue has occurred.
Describes what, if any, penalties a company may incur for violating each of the acts or for unsuccessfully challenging them.

Solution Preview

FMLA: Family and Medical Leave Act (FMLA) "Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:
- for the birth and care of the newborn child of the employee;
- for placement with the employee of a son or daughter for adoption or foster care;
- to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
- to take medical leave when the employee is unable to work because of a serious health condition."

Reference: http://www.dol.gov/esa/whd/fmla/

> Describe one current issue that employers should be or are concerned with: Being sure to allow employees medical leave if unable to work...

> Describe what, if any, penalties a company may incur for violating each of the acts or for unsuccessfully challenging them:

"FMLA non-compliance can lead to high litigation cost, out of control absenteeism and a loss of productivity."

Reference: http://fmlams.com/

COBRA, Continuation of Health Coverage ? COBRA: "The Consolidated Omnibus Budget Reconciliation Act (COBRA) gives workers and their families who lose their health benefits the right to choose to continue group health benefits provided by their group health plan for limited periods of time under certain circumstances such as voluntary or involuntary job loss, reduction in the hours worked, transition between jobs, death, divorce, and other life events. Qualified individuals may be required to pay the entire premium for coverage up to 102 percent of the cost to the plan.

COBRA generally requires that group health plans sponsored by employers with 20 or more employees in the prior year offer employees and their families the opportunity for a temporary extension of health coverage (called ...

Solution Summary

The solution briefly defined and explains FMLA, COBRA, HIPAA, and ERISA. One current issue that employers should or are connected with under each act is given.

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