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[Guidance Overview]
"Although the look-back measurement method (LBMM) in its most granular details is likely the most complex compliance aspect of employer-sponsored group health plans, the basics of the LBMM are quite simple: Employees' status as full-time or part-time is generally kept stable for the current stability period (typically the plan year) based on the prior-year measurement period." 
ABD Insurance & Financial Services
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[Guidance Overview]
"[A]ll employees in New York State will be entitled to between 40 and 56 hours of annual sick leave.... For employers choosing to allow employees to accrue sick leave based on time worked, accrued sick leave must be tracked as of September 30. But, because employees cannot use the accrued time before January 1, 2021, employers must permit employees to carry their 2020 accruals into the new year." 
Davis Wright Tremaine LLP
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[Guidance Overview]
"Philadelphia, Pennsylvania Mayor Phil Kenney signed ... an amendment to the city's generally applicable paid sick and safe time law ... [which] requires new public health emergency leave for employees, gig workers, and others who do not receive leave under the federal [FFCRA]. The emergency leave requirements take effect immediately, but generally will expire on December 31, 2020....[Effective on September 9, an additional amendment requires] compensation and medical care or reimbursement for certain healthcare employees who contract a disease during a declared pandemic or epidemic." 
Littler
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[Guidance Overview]
"Employers should now follow a two-step process when responding to employees' notices of the need for leave under the EFMLEA: first, they must determine whether the request is for intermittent leave (as opposed to several discrete days of leave) under applicable guidance; and second, if it is such a request, they may engage in a dialogue with the employee to see if alternative work arrangements are feasible." 
Davis Wright Tremaine LLP
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[Guidance Overview]
"California employers with as few as five employees must provide family and medical leave rights to their employees under a new law signed by Governor Gavin Newsom on September 17, 2020. The new law significantly expands the state's existing family and medical leave entitlements and goes into effect on January 1, 2021." 
Jackson Lewis P.C.
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"[1] Develop comprehensive FMLA policies, procedures, and forms.... [2] Carefully review and follow up all medical certifications.... [3] Require employees to work with you to schedule planned medical treatments during non-working, or less disruptive, hours.... [4] Consistently maintain and enforce call-in procedures.... [5] Exercise the right to recertify." 
Jackson Lewis P.C.
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Updated Sep. 18, 2020. "As states and federal agencies continue to combat the COVID-19 pandemic, they are also beginning to develop and implement permanent telehealth policy changes in order to continue to expand access to telehealth services beyond the pandemic period. [A set of charts describes current and proposed] state and federal guidance, regulations, and legislation." 
Manatt, Phelps & Phillips, LLP
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Benefits in General
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[Official Guidance]
"The terms of five Council members expire at the end of this year. The groups or fields they represent are as follows: [1] employee organizations; [2] employers; [3] the general public; [4] corporate trust; and [5] investment management.... [S]ubmit nominations to Christine Donahue, Council Executive Secretary ... Nominations must be received on or before [45 days after publication in the Federal Register, currently scheduled for Sep. 22, 2020]." 
Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]
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"To gauge how well employees are utilizing their benefits, plan sponsors can ask their administrators to answer [specific] questions ... If the data shows employees aren't taking full advantage of the financial features of their benefits, additional employee education and communication may be in order." 
Strategic Benefits Advisors
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Selected Discussions on the BenefitsLink Message Boards
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► It's easy to sign up and participate in discussions! Post answers, ask questions, create custom feeds and views. Join your peers (and potential referral sources or customers)—there is no charge.
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"Prop. Reg. 1.125-5(k)(2) provides that a plan can be designed to cover less than 213(d). But it dates back to 2009 (pre-ACA). Now that the CARES Act eliminated the prescription requirement for OTC, can a Health FSA not be amended and remain covering only OTC with prescription under 1.125-5(k)(2)?" 
BenefitsLink Message Boards
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"Would everyone agree that, in the case of a VEBA maintained by a tax-exempt entity, 419A(d) does not require the entity to establish separate accounts for key employees? Because 419A(d)(1) states that it applies to the first taxable year for which a reserve is taken into account under 419A(c)(2), I assume that no separate accounts would be required. Obviously, these employers aren't concerned with the general deduction limitations of 419 and 419A. However, I want to make sure these amounts don't need to be taken into account for 415(c) purposes under 419A(d)(2) and that no excise tax is triggered under 4976(b)(1)(A)." 
BenefitsLink Message Boards
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BenefitsLink Health & Welfare Plans Newsletter, ISSN no. 1536-9595. Copyright 2020 BenefitsLink.com, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.
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