Define FMLA, COBRA, HIPPA AND ERISA. Briefly describing each & each one current issue that current employers should be or are concerned with for each act. In defining be issues, mentioned my it has become an issue and what, if any, penalties have been incurred by companies who have either violated the law or who have unsuccessfully challenged the law.
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The FMLA is the Family and Medical Leave Act of 1993 which requires eligible employees to be given 12 work weeks of leave during any 12 month period so that they can provide care for a serious health condition of the employee, spouse, child or parent including for birth and adoptions. The leave does not have to be paid for, but health care benefits must be continued during the leave (Miller, 2006). A recent issue that an employer violates the FMLA was Brown v Nutrition Management Services Co (www.federalfmla.typepad.com). Nutrition Management Services Co. fired Brown for informing them that she was pregnant. The Nutrition Management Services Co believed in good faith that they did not violate the FMLA law for firing Brown even though the human resource officer did not research the law. The penalties incurred on the company for violating the FMLA law was $74,000 in back pay and damages for violating the FMLA which was liquated (double) damages of what was awarded plus interest. Title I of the FMLA provides that a prevailing party is entitled to recover liquidated (double) damages equal to the amount of damages awarded for lost compensation plus interest unless the defendant can demonstrate that it acted in good faith on the belief that the actions or omissions was not a violation (www.federalfmla.typepad.com).
COBRA is the Consolidated Omnibus Budget Reconciliation Act ...
FMLA, COBRA, HIPPA and ERISA is examined.