Health & Welfare Plans Newsletter

December 24, 2020

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[Guidance Overview]

Pittsburgh Passes Temporary Emergency COVID-19 Paid Sick Leave Law

"While the covered absences under the Ordinance are similar to absences covered under the federal [FFCRA], Pittsburgh's COVID-19 Sick Time will remain available for use after the FFCRA's current December 31, 2020 sunset date." Icon to read more

Seyfarth Shaw LLP

[Guidance Overview]

Exceptional Usefulness and Quality iconERISA Implications of Employer-Sponsored COVID Vaccine Programs

"While uncertainty remains about whether the government would consider a mandatory COVID-19 vaccine program to be an ERISA plan, it is clear that the CARES Act mandates all group health plans to provide coverage for the COVID-19 vaccine.... Providing a COVID-19 vaccine program as an extension of the employer's EAP should be permitted assuming the agencies carry forward COVID testing guidance ... While it is unclear whether such an approach would be necessary only for voluntary programs, or for mandatory programs as well, this offers a simple solution for employers to provide this benefit to the greatest number of its employees, while still ensuring compliance with ERISA." Icon to read
more

Seyfarth Shaw LLP

[Guidance Overview]

Upcoming Deadline iconPublic Health Emergency Leave for All Colorado Employees Required Beginning January 1 (PDF)

"On December 23, 2020, the Division of Labor Standards and Statistics in the Colorado Department of Labor and Employment (CDLE) adopted temporary or emergency rules concerning the Healthy Families and Workplaces Act (HFWA) as it applies beginning on January 1, 2021. Specifically, the rules interpret the HFWA's requirement that employers provide employees with supplemental paid sick leave of up to 80 hours for a public health emergency to be applicable toall employers, regardless of size and industry, and immediately upon January 1, 2021 because of the COVID-19 pandemic." Icon to read more

Sherman Howard

[Guidance Overview]

Upcoming Deadline iconColorado Confirms COVID-19 Triggers Public Health Emergency Leave Under the Healthy Families and Workplaces Act

"Earlier this year, Colorado enacted a complex paid sick leave law, the Healthy Families and Workplaces Act (HFWA), which requires Colorado employers to provide three distinct types of paid sick leave: [1] up to 80 hours of COVID-19 emergency paid sick leave (CO-EPSL); [2] up to 48 hours of paid sick and safe time (PSST); and [3] supplemental public health emergency paid sick leave (PHEL) (up to a maximum of 80 hours). The CO-EPSL portion of the law is in effect from July 15, 2020 through December 31, 2020, while the remaining two portions -- PSST and PHEL -- imminently take effect on January 1, 2021." Icon to read more

Littler

Congress Approves Repeal of Health Insurers' Antitrust Exemption

"H.R. 1418 would change part of the McCarran-Ferguson Act of 1945, a law that establishes the framework for how the federal government shares oversight of insurance with state insurance regulators. One section exempts insurers from federal antitrust oversight under the Sherman Act." Icon to read more

ThinkAdvisor

Is the Consolidated Appropriations Act in Trouble?

"Even though passed by Congress, the new law won't take effect unless the President signs it, so please be sure to hold off on making any changes to your Flexible Spending Accounts unless, and until, the bill is signed into law." Icon to read more

Warner Norcross & Judd LLP

HSA Rollovers: What to Tell Your Employees

"If employees are happy with their current HSA, they don't need to do anything at all -- their money is protected from taxes and their funds will continue to grow. Most importantly, the onset of a new year means that their contribution limits have been reset.... However, if an employee is looking to rollover their HSA into a new, separate account, it's advisable to inform them of the IRS' stipulations, as well as to warn them about any potential fees they may encounter when withdrawing their balance. " Icon to read more

Tango Health

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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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